Agent · mica-2023-1114-16
MiCA artikel 16: Authorisation
Structural tree: the article's own paragraphs, verbatim.
CELEX 32023R1114 · 2026-08-18 · Weight 74 · minimal-risk
OpenOpen reading. No metering is planned for this class.
- What this page is
- Agent, MiCA artikel 16
- Checked against the official source
- 2026-08-18Current
- Responsible publisher
- ExploreWorld Legal, editorial deskLiability position
Short answer
What does MiCA Article 16 require, and what outcome does the rule tree give?
MiCA Article 16 is tested here by a deterministic rule tree of 14 rules, built from the article's own conditions. The tree reads your facts and names the outcome that applies, starting with Paragraph 1 applies, carrying paragraph citation, content hash and read date 2026-08-18 against CELEX 32023R1114. The outcome is a machine classification, not a compliance decision.
MiCA Article 16Checked against the publisher 2026-08-18Official text
- Paragraph 1 applies. 1. A person shall not make an offer to the public, or seek the admission to trading, of an asset-referenced token, within the Union, unless that person is the issuer of that asset-referenced token and is:
- Paragraph 2 applies. (a)
- Paragraph 3 applies. a legal person or other undertaking that is established in the Union and has been authorised in accordance with Article 21 by the competent authority of its home Member State; or
A source reference, not legal advice.
Jurisdiction
The same agent, read through one country's lens.
Inputs
- in_scopeThe article applies to the situationboolean
- punktParagraph of the articleenum (1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14)
Rule tree
If: alla(in_scope = true, punkt = 1)
Paragraph 1 applies
1. A person shall not make an offer to the public, or seek the admission to trading, of an asset-referenced token, within the Union, unless that person is the issuer of that asset-referenced token and is:
Paragraph 1
If: alla(in_scope = true, punkt = 2)
Paragraph 2 applies
(a)
Paragraph 2
If: alla(in_scope = true, punkt = 3)
Paragraph 3 applies
a legal person or other undertaking that is established in the Union and has been authorised in accordance with Article 21 by the competent authority of its home Member State; or
Paragraph 3
If: alla(in_scope = true, punkt = 4)
Paragraph 4 applies
(b)
Paragraph 4
If: alla(in_scope = true, punkt = 5)
Paragraph 5 applies
a credit institution that complies with Article 17.
Paragraph 5
If: alla(in_scope = true, punkt = 6)
Paragraph 6 applies
Notwithstanding the first subparagraph, upon the written consent of the issuer of an asset-referenced token, other persons may offer to the public or seek the admission to trading of that asset-referenced token. Those persons shall comply with Articles 27, 29 and 40.
Paragraph 6
If: alla(in_scope = true, punkt = 7)
Paragraph 7 applies
For the purposes of point (a) of the first subparagraph, other undertakings may issue asset-referenced tokens only if their legal form ensures a level of protection for third parties’ interests equivalent to that afforded by legal persons and if they are subject to equivalent prudential supervision appropriate to their legal form.
Paragraph 7
If: alla(in_scope = true, punkt = 8)
Paragraph 8 applies
2. Paragraph 1 shall not apply where:
Paragraph 8
If: alla(in_scope = true, punkt = 9)
Paragraph 9 applies
(a)
Paragraph 9
If: alla(in_scope = true, punkt = 10)
Paragraph 10 applies
over a period of 12 months, calculated at the end of each calendar day, the average outstanding value of the asset-referenced token issued by an issuer never exceeds EUR 5 000 000, or the equivalent amount in another official currency, and the issuer is not linked to a network of other exempt issuers; or
Paragraph 10
If: alla(in_scope = true, punkt = 11)
Paragraph 11 applies
(b)
Paragraph 11
If: alla(in_scope = true, punkt = 12)
Paragraph 12 applies
the offer to the public of the asset-referenced token is addressed solely to qualified investors and the asset-referenced token can only be held by such qualified investors.
Paragraph 12
If: alla(in_scope = true, punkt = 13)
Paragraph 13 applies
Where this paragraph applies, issuers of asset-referenced tokens shall draw up a crypto-asset white paper as provided for in Article 19 and notify that crypto-asset white paper and, upon request, any marketing communications, to the competent authority of their home Member State.
Paragraph 13
If: alla(in_scope = true, punkt = 14)
Paragraph 14 applies
3. The authorisation granted by the competent authority to a person referred to in paragraph 1, first subparagraph, point (a), shall be valid for the entire Union and shall allow an issuer of an asset-referenced token to offer to the public, throughout the Union, the asset-referenced token for which it has been authorised, or to seek an admission to trading of such asset-referenced token.
Paragraph 14
If no rule matches: The article is not stated to apply, or no paragraph is selected. The agent abstains rather than guesses.
The article text as read
- 11. A person shall not make an offer to the public, or seek the admission to trading, of an asset-referenced token, within the Union, unless that person is the issuer of that asset-referenced token and is:
- 2(a)
- 3a legal person or other undertaking that is established in the Union and has been authorised in accordance with Article 21 by the competent authority of its home Member State; or
- 4(b)
- 5a credit institution that complies with Article 17.
- 6Notwithstanding the first subparagraph, upon the written consent of the issuer of an asset-referenced token, other persons may offer to the public or seek the admission to trading of that asset-referenced token. Those persons shall comply with Articles 27, 29 and 40.
- 7For the purposes of point (a) of the first subparagraph, other undertakings may issue asset-referenced tokens only if their legal form ensures a level of protection for third parties’ interests equivalent to that afforded by legal persons and if they are subject to equivalent prudential supervision appropriate to their legal form.
- 82. Paragraph 1 shall not apply where:
- 9(a)
- 10over a period of 12 months, calculated at the end of each calendar day, the average outstanding value of the asset-referenced token issued by an issuer never exceeds EUR 5 000 000, or the equivalent amount in another official currency, and the issuer is not linked to a network of other exempt issuers; or
- 11(b)
- 12the offer to the public of the asset-referenced token is addressed solely to qualified investors and the asset-referenced token can only be held by such qualified investors.
- 13Where this paragraph applies, issuers of asset-referenced tokens shall draw up a crypto-asset white paper as provided for in Article 19 and notify that crypto-asset white paper and, upon request, any marketing communications, to the competent authority of their home Member State.
- 143. The authorisation granted by the competent authority to a person referred to in paragraph 1, first subparagraph, point (a), shall be valid for the entire Union and shall allow an issuer of an asset-referenced token to offer to the public, throughout the Union, the asset-referenced token for which it has been authorised, or to seek an admission to trading of such asset-referenced token.
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Hashes
Artefacts
No legal advice. Deterministisk regeluppslagning. Ingen juridisk rådgivning, inget efterlevnadsbeslut, ingen bedömning av ett enskilt ärende.
Citation: 32023R1114 art. 16, Authorisation. ExploreWorld Legal, https://legal.exploreworldai.com/agent/mica-2023-1114/artikel-16 (hämtad 2026-08-18, bevis sha256:2ff30728c931db14, bygge legal-2026-08-25).