Must issuers exempt from authorisation under Article 16(2) still publish a white paper?
White paper obligation for Article 16(2) exempt ART issuers
Section titled “White paper obligation for Article 16(2) exempt ART issuers”| Authority | EBA |
| Q&A ID | EBA_QA_2024_7166 |
| Status | Answer Published |
| Published | 8 May 2026 |
| Legal basis | Articles 16(2), 28 MiCA |
| Source | EBA Q&A |
Question
Section titled “Question”Regarding entities exempted from authorisation pursuant to Article 16(2) of MiCAR, they shall notify the white paper to the competent authority of the home Member State, and the NCA is responsible for forwarding on the white paper of these entities to ESMA. However, it is unclear how the white paper is made available to the intended audiences of customers, and other relevant stakeholders and investors. Article 28 on publication of crypto-asset white papers only refers to ‘approved’ white papers (in accordance with Article 17(1) or Article 21(1) of MiCAR), without referring to notified white papers of exempted entities under Article 16(2) of MiCAR. Therefore, does Article 28 on publication of white paper of ART issuers also apply to issuers exempted under Article 16(2) of MiCAR?
Submitted by: Central Bank of Ireland · 8 August 2024
Answer
Section titled “Answer”Answer prepared by the European Commission
Yes, Article 28 MiCAR on publication of white paper of ART issuers applies to issuers exempted under Article 16(2) of MiCAR.
Source: EBA Single Rulebook Q&A