Article 721-3 into force from 30 July 2023 to 29 June 2026

For the services referred to in 1° to 5° of Article L. 54-10-2 of the Monetary and Financial Code, the applicant shall send the AMF a programme of operations containing:

1. The activities that the applicant performs or will perform;

2. The lists or categories of digital assets covered by the activities;

3. The geographic breakdown of its activities;

4. The systems and resources put in place to comply with the provisions of Chapter X of Title IV of Book V of the Monetary and Financial Code and this Title;

5. An insurance certificate and a professional indemnity insurance policy, if applicable, or any other means of ensuring that the applicant has the minimum level of equity required;

6. A description of the human and technical resources allocated to the various activities envisaged, including the internal control function;

7. A detailed organisation chart, showing the persons in charge of the activities carried out and the number of employees allocated to each digital asset service for the coming two financial years;

8. A list of the services or other essential or important operating tasks entrusted, long-term and on a regular basis, by the service provider to a third party, or intended to be so, and contracts signed or planned with said service providers;

9. The measures taken to ensure the resilience and security of the information system set up for provision of the digital asset service;

10. The measures taken to detect, prevent and handle conflicts of interest which may arise on the occasion of the provision of digital assets services, as well as a description in non-technical language;

11. A description of the systems for monitoring the company's activities, including, where applicable, backup systems, and risk control systems when the company wants to use automated trading systems;

12. Information on the systems for verifying internal control and risk management;

13. Details on the systems for evaluating and managing the risks of money laundering and financing of terrorism;

14. A business continuity plan;

15. An orderly wind-down plan;

16. The policy for managing any conflicts of interest, as referred to in Article 721-11;

17. An outsourcing policy, comprising contingency plans and exit strategies, taking into account the scale, nature and complexity of the digital asset services provided;

18. A description of governance mechanisms;

19. A description of the procedures for marketing digital assets;

20. Where it provides the service referred to in 1° of Article L. 54-10-2 of the Monetary and Financial Code, a description of the policy for segregating digital assets and client assets;

21. Where it provides the services referred to in 2° and 3° of Article L. 54-10-2 of the Monetary and Financial Code, a description of the execution policy, the marketing policy and a description of the method used to determine the price of digital assets;

22. Where it provides the service referred to in 4° of Article L. 54-10-2 of the Monetary and Financial Code, a description of the operating rules of the trading venue; and

23. Where it provides the services mentioned in 5° b and 5° c of Article L. 54-10-2 of the Monetary and Financial Code, proof that the natural persons who provide advice or manage portfolios on behalf of the applicant have the knowledge and expertise required to fulfil their obligations.