a) Asset-Referenced Tokens (ARTs): the Bank of Italy and Consob are the competent authorities pursuant to Title III of MiCAR. Specifically, Italian Legislative Decree 129/2024 provides that supervision of the aforementioned Title III is carried out by Consob, with regard to transparency, fair conduct, orderly trading conditions, and protection of holders of asset-referenced tokens, and by the Bank of Italy, with regard to risk mitigation, financial stability, and sound and prudent management.
ART
An Asset-Referenced Token (ART) is a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies.
An issuer that intends to offer ARTs to the public or to seek their admission to trading in Italy as a Home Member State must be:
- a legal person or other undertaking that has received from the Bank of Italy, in agreement with Consob, the authorisation referred to in Article 21(1) of Regulation (EU) 1114/2023 and, consequently, has hade the white paper approved
or
- a credit institution that has provided the Bank of Italy with the documents and information required by Article 17(1)(b) of Regulation (EU) 1114/2023, and the notification has been considered complete by the Bank of Italy, in agreement with Consob, and that has obtained from the Bank of Italy, in agreement with Consob, the approval of the white paper referred to in Article 17(1)(a).
The approved white paper and any marketing communications must be published on the issuer's website as long as the asset-referenced tokens are held by the public.
When Italy is the Host Member State, a credit institution or a legal person or other undertaking established in the Union may offer ARTs to the public or seek their admission to trading in Italy subsequently the receipt by Consob of the information laid down in Article 109(3) of Regulation (EU) 1114/2023, included the white paper approved by the Home Member State.