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Book VII - Public offerings, applications for admission to trading of crypto-assets and crypto-asset services providers
Title III - Crypto-asset services providers
Chapter I - Conditions for the authorisation of crypto-asset services providers
Article 723-2 from 10/02/2025 to 29/06/2026

Article 723-2 into force from to

  • Version into force from to
ELI : /en/eli/fr/aai/amf/rg/article/723-2/20250210/notes

In accordance with Article L. 54-10-7 of the Monetary and Financial Code, digital asset services providers registered or approved under, respectively, Articles L. 54-10-3 and L. 54-10-5 of the Monetary and Financial Code, shall benefit from the transitional period provided for in Article 143 of Regulation 2023/1114 of the European Parliament and of the Council of 31 May 2023 on markets in crypto-assets and in Article 8 II of Law 2023-171 of 9 March 2023 containing various measures for adapting to European Union law in the fields of the economy, health, employment, transport and agriculture, for all the activity set out in the programme of operations in connection with the services subject to registration or authorisation.

Without prejudice to the foregoing provisions, pursuant to Article L. 54-10-2 of the Monetary and Financial Code, for the purposes of the application of the transitional period, the following digital asset services are considered equivalent to the following crypto-asset services defined in Article 3 of Regulation 2023/1114 of the European Parliament and of the Council of 31 May 2023 on markets in crypto-assets:

  1. the service of custody of digital assets on behalf of third parties or access to digital assets shall be considered equivalent to the service of custody and administration of crypto-assets on behalf of clients within the meaning of Article 3 (1) 17) of Regulation 2023/1114 of the European Parliament and of the Council of 31 May 2023 on markets in crypto-assets;

  2. the service of operating a trading platform for digital assets shall be considered equivalent to the service of operation of a trading platform for crypto-assets within the meaning of Article 3 (1) 18) of the said Regulation;

  3. the service of buying or selling digital assets against legal tender shall be considered equivalent to the service of execution of orders for crypto-assets on behalf of clients within the meaning of Article 3 (1) 21) of the said Regulation, with, where appropriate, in the case of the interposition of the service provider's own account, it being equivalent to the service of exchange of crypto-assets for funds within the meaning of Article 3 (1) 19) of the said Regulation;

  4. the service of exchanging digital assets for other digital assets shall be considered equivalent to the service of execution of orders for crypto-assets on behalf of clients within the meaning of paragraph Article 3 (1) 21) of the said Regulation, and, where applicable, in the case of the interposition of the service provider's own account, it being equivalent to the service of the exchange of crypto-assets for other crypto-assets within the meaning of Article 3 (1) 20) of the said Regulation;

  5. the service of reception and transmission of orders for digital assets shall be considered to be equivalent to the service of reception and transmission of orders for crypto-assets on behalf of clients within the meaning of Article 3 (1) 23) of the said Regulation;

  6. the service of providing advice to subscribers of digital assets shall be considered to be equivalent to the service of providing advice on crypto-assets within the meaning of Article 3 (1) 24) of the said Regulation;

  7. the service of portfolio management of digital assets on behalf of third parties shall be considered to be equivalent to the service of providing portfolio management of crypto-assets within the meaning of Article 3 (1) 25) of the said Regulation.