Chapter X: Digital asset service providers

1° The service of custody of digital assets on behalf of third parties consists of controlling, on behalf of a third party, the means of access to the digital assets registered in the shared electronic recording device and keeping a register of positions, opened in the name of the third party, corresponding to its rights to the said digital assets. The custody service provider thus defined processes events affecting the…

To register in accordance with Article L. 54-10-3, applicants must send the following information to the Autorité des marchés financiers: 1° The identity of the persons referred to in 1° and 2° of Article L. 54-10-3, documents relating to the good repute of these persons, in particular an extract from the criminal record of the chairman, chief executive officer, deputy chief executive officers or managers, and of any other person…

I.-On receipt of a complete application, the Autorité des marchés financiers will examine it and forward it within five working days to the Autorité de contrôle prudentiel et de résolution for its opinion. The latter shall send its opinion to the Autorité des marchés financiers within three months of receiving the complete application. If the Autorité des marchés financiers finds that the application is not complete, it shall ask the…

The period of time after which the AMF’s silence on registration applications submitted pursuant to Article L. 54-10-3 shall be deemed to constitute a decision of acceptance is six months from the date of receipt of the complete application. If the AMF asks the applicant to provide additional information needed to examine the application, the period provided for in the previous paragraph shall be suspended until receipt of the requested…

I.- Pursuant to the sixth paragraph of Article L. 54-10-3, the ISP shall declare to the AMF any change relating to the persons mentioned in 1° and 2° of Article L. 54-10-3 or any event likely to call into question the assessment previously made of their good repute, no later than fifteen days after the event. In support of its declaration, the ISP shall submit a file describing the change…

To obtain the authorisation referred to in Article L. 54-10-5, applicants must send the AMF a complete file containing the following information: I.-General information, in particular: 1° Its name or corporate name and corporate form, the address of its place of business and the contact details of the contact point designated by the applicant; 2° A list of the digital asset services for which authorisation is being sought and, where…

As soon as it receives an application for authorisation pursuant to Article L. 54-10-5, the AMF will investigate the application. It may ask the applicant for any additional information needed to examine the application. When the Autorité des marchés financiers requests the opinion of the Agence nationale de la sécurité des systèmes d’information to verify the security of the information systems of digital asset service providers, the Agence nationale de…

The period after which the AMF’s silence on an application for authorisation made pursuant to Article L. 54-10-5 shall be deemed to constitute a decision of acceptance is six months from the date of receipt of the complete application.

The AMF shall be informed in advance of any proposed changes to the factors taken into account when examining an application for authorisation from a digital asset service provider. It shall inform the applicant of the possible consequences of the proposed change on the maintenance of the authorisation. The AMF may request any additional information. When the Autorité des marchés financiers requests the opinion of the Agence nationale de la…