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Book VII - Token Issuers and Digital Assets Services Providers
Title II - Digital Assets Services Providers
Chapter I - Registration requirements, license requirements and common provisions applicable to licensed digital assets services providers
Section 3 - Common provisions applicable to licensed digital assets services providers
Sub-section 1 - Organisational rules
Article 721-10 from 19/12/2019

Article 721-10 into force since

  • Version into force since
ELI : /en/eli/fr/aai/amf/rg/article/721-10/20191219/notes

Pursuant to the seventh paragraph of Article L. 54-10-5 I of the Monetary and Financial Code, the digital assets services provider shall ensure that all the information, including promotional information, that it sends to clients meets the following conditions:

  1. The information includes the name of the digital assets services provider and the services that it provides. It indicates clearly the services for which it is licenced, the associated level of protection afforded to its clients and whether it is registered with the AMF, where applicable;

  2. When the information includes technical aspects, a definition of their terms shall be provided in an understandable manner;

  3. The information shall include clear and intelligible warnings of the risks involved in digital assets and the digital assets services provided;

  4. The information shall not distort, minimise nor conceal any important facts, declarations or warnings;

  5. The information shall be presented in French or, with the client's consent, in an ordinary language in financial matters that is easily understandable by the client on all media and in all advertising documents submitted to the client;

  6. When the information contains an indication of the past performances of a digital asset or a digital assets service, the digital assets services provider shall specify that past performance is not a reliable guide to future results and that this indication concerns the gross performance, and it shall specify the impact of commissions, fees and other charges.

    The information concerning future performances shall be based on reasonable assumptions based on objective data; and

  7. The information shall not use the name of the AMF in such a way that would indicate or suggest endorsement or approval by that authority of the choice of digital assets or services proposed by the services provider to its clients.