+Article 2 Scope
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Article 2 Scope
1. Panoramica
| Titolo |
Regolamentazione |
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Article 2 1.
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This Regulation applies to natural and legal persons and certain other undertakings that are engaged in the issuance, offer to the public and admission to trading of crypto-assets or that provide services related to crypto-assets in the Union.
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Article 2 2.
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This Regulation does not apply to:
(a)
persons who provide crypto-asset services exclusively for their parent companies, for their own subsidiaries or for other subsidiaries of their parent companies;
(b)
a liquidator or an administrator acting in the course of an insolvency procedure, except for the purposes of Article 47;
(c)
the ECB, central banks of the Member States when acting in their capacity as monetary authorities, or other public authorities of the Member States;
(d)
the European Investment Bank and its subsidiaries;
(e)
the European Financial Stability Facility and the European Stability Mechanism;
(f)
public international organisations.
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Article 2 3.
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This Regulation does not apply to crypto-assets that are unique and not fungible with other crypto-assets.
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Article 2 4.
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This Regulation does not apply to crypto-assets that qualify as one or more of the following:
(b)
deposits, including structured deposits;
(c)
funds, except if they qualify as e-money tokens;
(d)
securitisation positions in the context of a securitisation as defined in Article 2, point (1), of Regulation (EU) 2017/2402;
(e)
non-life or life insurance products falling within the classes of insurance listed in Annexes I and II to Directive 2009/138/EC of the European Parliament and of the Council (
1
) or reinsurance and retrocession contracts referred to in that Directive;
(f)
pension products that, under national law, are recognised as having the primary purpose of providing the investor with an income in retirement and that entitle the investor to certain benefits;
(g)
officially recognised occupational pension schemes falling within the scope of Directive (EU) 2016/2341 of the European Parliament and of the Council (
2
) or Directive 2009/138/EC;
(h)
individual pension products for which a financial contribution from the employer is required by national law and where the employer or the employee has no choice as to the pension product or provider;
(i)
a pan-European Personal Pension Product as defined in Article 2, point (2), of Regulation (EU) 2019/1238 of the European Parliament and of the Council (
3
);
(j)
social security schemes covered by Regulations (EC) No 883/2004 (
4
) and (EC) No 987/2009 of the European Parliament and of the Council (
5
).
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Article 2 5.
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By 30 December 2024, ESMA shall, for the purposes of paragraph 4, point (a), of this Article issue guidelines in accordance with Article 16 of Regulation (EU) No 1095/2010 on the conditions and criteria for the qualification of crypto-assets as financial instruments.
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Article 2 6.
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This Regulation shall be without prejudice to Regulation (EU) No 1024/2013.
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1.1 Riferimenti
1.2 Requisiti identificati
1.3 Standard correlati
2. Requisiti identificati
Requisiti
| Fonte |
Requisito |
3. Standard correlati
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