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Can technically identical EMTs be issued in parallel by EU and non-EU entities?

AuthorityEBA
Q&A IDEBA_QA_2024_7068
StatusUnder Review
Submitted29 April 2024
Legal basisArticles 48, 49, 54, 56 MiCA
SourceEBA Q&A

Five interrelated questions about whether technically identical and fully fungible EMTs can be issued in parallel by both an EU-authorised entity and a non-EU entity: (1) Is this legally possible under MiCAR? (2) Compliance with Article 48(1) MiCAR when non-EU-issued tokens enter EU markets. (3) Application of Recital 54 to such arrangements. (4) Safeguarding requirements calculation methodology. (5) Whether limiting redemptions to EU residents complies with MiCAR.


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Source: EBA Single Rulebook Q&A