Request type
Record whether the EBA request is a simple request or a decision, the source URL, retrieval date, legal-basis wording, request purpose, and response owner.
What Article 122 changes operationally
Information-request route: ESMA's Interactive Single Rulebook title for Regulation (EU) 2023/1114 Article 122 is “Request for information.” The public text states that, to carry out Article 117 supervisory responsibilities, EBA may by simple request or by decision require specified persons to provide all information necessary to enable EBA to carry out its duties under the Regulation.
The specified routes include significant asset-referenced-token issuers and connected control persons, certain contractual third parties, entities ensuring custody of the reserve assets, significant e-money-token issuers and connected persons, payment service providers, distributors, CASPs providing custody and administration for significant tokens, trading-platform operators that admitted significant tokens, and the management bodies of those persons.
This page is an evidence-preparation checklist. It is not a legal interpretation, supervisory-response instruction, authorisation opinion, provider endorsement, broker recommendation, or assurance about any issuer, CASP, authority request, deadline, appeal, document, person, or fact pattern.
Article 122 evidence matrix
Information inventory
Map each requested information item to document owner, source system, custodian, version, confidentiality marking, Article 121 legal-privilege review status, and production status.
Entity route
Classify why the recipient is in scope: issuer, control person, contractual third party, custody of the reserve assets, payment service provider, distributor, CASP custody and administration provider, trading-platform operator, or management body.
Simple-request checks
For simple requests, preserve the Article 122 legal basis, stated purpose, specified information, time limit, voluntary-reply wording, correctness and misleading-answer notes, and Article 131 fine reference.
Decision checks
For decisions, preserve the Article 122 legal basis, stated purpose, specified information, time limit, Article 132 periodic-penalty-payment reference, Article 131 fine reference, and right to appeal the decision before EBA’s Board of Appeal.
Authority handoff
Track EBA's copy to the competent authority of the Member State where the person concerned is domiciled or established, plus Article 95/96 cooperation, Article 100 secrecy, and Article 101 privacy notes.
Review-ready tracker
- Source record: ESMA Interactive Single Rulebook URL, retrieval date, Article 122 title, and source owner.
- Request file: simple-request or decision route, stated purpose, information list, deadline, legal basis, and response owner.
- Recipient file: issuer/CASP/third-party/payment/distribution/trading-platform/management-body classification and supporting source notes.
- Review file: Article 121 legal-privilege gate, Article 100 professional-secrecy notes, Article 101 data-protection notes, and unresolved qualified-review questions.
FAQ
What does MiCA Article 122 cover?
Article 122 is titled “Request for information.” The ESMA public text says EBA may use a simple request or decision to require specified persons to provide all information necessary for EBA's supervisory duties under Regulation (EU) 2023/1114.
Why is Article 122 relevant to CASP diligence?
CASPs can appear directly in Article 122 routes when they provide custody and administration of crypto-assets on behalf of clients in relation to significant asset-referenced tokens or significant e-money tokens, or operate a trading platform that admitted those tokens.
Does this page tell a firm how to answer EBA?
No. It only helps teams organize request provenance, information inventories, privilege/secrecy/privacy handoffs, and qualified-review ownership before a response file is treated as review-ready.