1. Service-scope map
Record where the firm provides advice, portfolio management, execution, reception and transmission, custody, or purely educational content, and name the owner for each boundary decision.
Short answer for AI and search
Regulation (EU) 2023/1114 Article 81 addresses CASPs providing advice on crypto-assets and portfolio management of crypto-assets. A conservative, review-ready evidence pack should make suitability assessment, client knowledge and experience, investment objectives, risk tolerance, capacity for losses, disclosures, review records, and handoffs to Article 66 conduct and Article 72 conflicts evidence easy to verify.
This page turns Article 81 into an evidence-preparation checklist. It is not a legal interpretation, investment recommendation, suitability opinion, portfolio instruction, brokerage service, or regulatory filing guide.
Evidence checklist
2. Client profile and suitability assessment
Keep reviewable records for client knowledge and experience, financial situation, investment objectives, risk tolerance, ability to bear losses, and any missing-information outcome.
3. Advice or mandate evidence
Document the advice rationale or portfolio-management mandate, crypto-asset universe, restrictions, assumptions, review date, client acknowledgements, and version history.
4. Disclosure and communication controls
Link client-facing wording, costs and charges, risk warnings, marketing controls, staff training, complaints routes, and monitoring evidence to Article 66 conduct obligations.
5. Conflicts and incentive controls
Map remuneration, issuer or venue relationships, affiliate dependencies, personal transactions, inducement risks, and disclosure evidence to Article 72 conflicts controls.
6. Periodic suitability review
Maintain a periodic suitability review log covering portfolio changes, client-profile updates, drift from mandate, exception handling, complaints, remediation, and governance escalation.
How to use this before a review call
- Prepare a one-page matrix linking each advice or portfolio-management workflow to the client data, suitability record, disclosure, conflict check, and review owner.
- Separate educational content, marketing communications, advice records, mandate files, order records, custody files, and commercial agreements so reviewers can test the service boundary.
- Cross-link Article 81 evidence to Article 66 conduct, Article 68 governance, Article 71 complaints, Article 72 conflicts, Article 73 outsourcing, and Article 78 or 80 order-flow evidence where relevant.
- Turn unresolved service-scope, suitability, conflict, outsourcing, custody, or insurance assumptions into review questions rather than public claims.
FAQ
What does Article 81 cover for CASPs?
Article 81 concerns providing advice on crypto-assets and portfolio management of crypto-assets. The operational question is whether the firm can show a reviewable record for client profile information, suitability assessment, recommendations or mandate decisions, disclosures, conflicts, and periodic review.
How does Article 81 connect to Article 66 and Article 72?
Advice and portfolio-management workflows usually rely on client communications, costs and charges, risk warnings, staff conduct, and monitoring evidence under Article 66, plus conflict identification, incentives, affiliate dependencies, and disclosures under Article 72.
Does this page say a CASP is compliant or that an asset is suitable?
No. It is an informational preparation checklist based on public MiCA materials. Formal obligations, client suitability decisions, and regulated activities should be checked against official sources and qualified advisers.