Cap. 647 чл. 19Refusal of proposed acquisitions of issuers of asset- referenced tokens.      Cap. 373.

(1) When performing the assessment referred to in

Article 41(4) of the MiCA Regulation and article 18(5), the competent authority shall appraise the suitability of the proposed acquirer and the financial soundness of the proposed acquisition referred to in Article 41(1) of the MiCA Regulation and article 18(2) on the basis of all of the following criteria:

(a) the reputation of the proposed acquirer;

(b) the reputation, knowledge, skills and experience of any person who shall direct the business of the issuer of the asset-referenced token as a result of the proposed acquisition;

(c) the financial soundness of the proposed acquirer, in particular in relation to the type of business envisaged and pursued in respect of the issuer of the asset-referenced token in which the acquisition is proposed;

(d) whether the issuer of the asset-referenced token shall be able to comply and continue to comply with the provisions of Title III of the MiCA Regulation and this Part; and

(e) whether there are reasonable grounds to suspect that, in connection with the proposed acquisition, money laundering or the funding of terrorism within the meaning of article 2(1) of the Prevention of Money Laundering Act is being or has been committed or attempted, or that the proposed acquisition could increase the risk thereof.

(2) The competent authority may oppose the proposed acquisition referred to in Article 41(1) of the MiCA Regulation and article 18(2) where there are reasonable grounds for doing so based on the criteria set out in sub-article (1), or where the information provided in accordance with Article 41(4) of the MiCA Regulation and article 18(5) is incomplete or false.

(3) The competent authority shall not examine the proposed acquisition referred to in Article 41(1) of the MiCA Regulation and article 18(2) in terms of the economic needs of the market.