Article 722-4 into force since 30 July 2023

Before providing the service of custody of digital assets on behalf of third parties, the digital assets custodian shall sign a written agreement with its client on a durable medium within the meaning of Article 314-5, defining the operating principles of the digital assets custody service and identifying the respective rights and obligations of the parties. It shall include the following information in particular:

1. The identity of the person(s) with whom the agreement is established:

   a) In the case of a legal person, the procedures for informing the services provider of the name of the person(s) authorised to act in the name of said legal person; and

   b) In the case of individuals, their capacity, where applicable, as a French resident, a resident of a State which is a party to the European Economic Area agreement or a resident of a third country, and also, where applicable, the identity of the person(s) authorised to act in the name of such individuals.

2. The nature and precise description of the services provided;

3. The conditions under which the custody service provider may send information relating to the events mentioned in 4° of Article 722-1 and, where applicable, the restrictions imposed by the initiator of the event;

4. The security systems associated with the assets held in custody by the custody service provider;

5. The client authentication systems used by the service provider;

6. The price scale for the services provided by the custody services provider;

7. The period of validity of the agreement;

8. The law applicable to the agreement.

9. A description of the service provider's retention policy.