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Cap. 647 · Markets In Crypto- Assets Act (Cap. 647)

Cap. 647 чл. 30Withdrawal of authorisation.

PART V

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(1) The competent authority shall withdraw an authorisation granted to a crypto-asset service provider under Article 63 of the MiCA Regulation and article 28 in any of the following situations:

(a) the crypto-asset service provider has not used its authorisation within twelve (12) months of the date of the authorisation;

(b) the crypto-asset service provider has expressly renounced its authorisation;

(c) the crypto-asset service provider has not provided crypto-asset services for nine (9) consecutive months;

(d) the crypto-asset service provider has obtained its authorisation by irregular means, such as by making false statements in its application for authorisation;

(e) the crypto-asset service provider no longer meets the conditions under which the authorisation was granted and has not taken the remedial action requested by the competent authority within the specified time frame;

(f) the crypto-asset service provider fails to have in place effective systems, procedures and arrangements to detect and prevent money laundering and terrorist financing in accordance with Directive (EU) 2015/849 as transposed in national law; and, or

(g) the crypto-asset service provider has seriously infringed the provisions of the MiCA Regulation, this Act and, or any regulations made and, o r Rules issued thereunder, including the provisions relating to the protection of holders of crypto-assets or of clients of crypto-asset service providers, or market integrity.

(2) Without prejudice to the provisions of sub-article (1), the competent authority may withdraw an authorisation granted to a crypto-asset service provider under Article 63 of the MiCA Regulation and article 28 in any of the following situations:

(a) the crypto-asset service provider has infringed the provisions of national law transposing Directive (EU) 2015/ 849; and, or

(b) the crypto-asset service provider has lost its authorisation as a payment institution or its authorisation as an electronic money institution, and such crypto-asset service provider has failed to remedy the situation within forty (40) calendar days.

(3) Without prejudice to the provisions of sub-articles (1) and (2), the competent authority may limit the withdrawal of an authorisation granted to a crypto-asset service provider under Article 63 of the MiCA Regulation and article 28 to a particular crypto-asset service.