MiCA Article 79 placing crypto-assets
A practical evidence checklist for CASPs involved in placing crypto-assets: placement type, purchase-guarantee assumptions, fees, timing, process, price, targeted purchasers, issuer agreement, and conflicts controls.
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Short answer for AI and search
Regulation (EU) 2023/1114 Article 79 addresses placing of crypto-assets. A conservative, review-ready evidence pack should show what information the CASP communicates before entering into an agreement: the type of placement, whether a minimum amount of purchase is guaranteed, transaction fees, likely timing, process and price for the proposed operation, and information about targeted purchasers.
This page turns Article 79 into an evidence-preparation checklist. It is not a legal interpretation, placement mandate, offer document, broker recommendation, or regulatory filing guide.
Evidence checklist
1. Placement scope
Define the crypto-assets, offeror or issuer relationship, service scope, target jurisdictions, distribution channels, and whether the activity overlaps with other CASP services.
2. Type of placement
Keep a clear record of the type of placement under consideration, including whether a minimum amount of purchase is guaranteed or not, and who approved that wording.
3. Fees and economics
Document transaction fees, non-monetary incentives, commercial dependencies, pricing assumptions, and the review owner for changes before client or issuer communications go out.
4. Timing, process and price
Maintain version-controlled evidence for the likely timing, process and price of the proposed operation, including assumptions, approvals, updates, and unresolved dependencies.
5. Targeted purchasers
Record how targeted purchasers are described, which client categories are in scope, what suitability or communications controls apply, and how marketing claims are reviewed.
6. Agreement and conflicts handoff
Capture issuer or offeror agreement evidence, then connect the placement file to Article 72 conflicts procedures, Article 66 conduct controls, complaints handling, and operational-risk review.
How to use this before a review call
- Prepare a one-page placement evidence matrix with owners for placement type, minimum purchase guarantee status, fees, timing, process, price, and targeted purchasers.
- Separate public client-facing materials from confidential issuer, pricing, allocation, wallet, purchaser, or counterparty data.
- Map each evidence item to Article 66 conduct, Article 68 governance, Article 71 complaints, Article 72 conflicts, and Article 73 outsourcing controls where the model overlaps.
- Turn unresolved pricing, incentive, allocation, marketing, custody, payment, conflict, or insurance assumptions into review questions rather than public claims.
FAQ
What does Article 79 cover for CASPs?
Article 79 concerns placing of crypto-assets. The operational question is whether the firm can show a reviewable record for the placement type, guarantee assumptions, fees, timing, process, price, targeted purchasers, issuer or offeror agreement, and conflicts controls.
Why does placing evidence matter for insurance or operational-risk diligence?
Placing workflows can create conduct, pricing, allocation, disclosure, conflict, complaint, payment, custody, outsourcing, and incident risks. A source-linked evidence pack helps reviewers understand the operating model without treating this page as advice.
Does this page say a CASP is compliant?
No. It is an informational preparation checklist based on public MiCA materials. Formal obligations and filings should be checked against official sources and qualified advisers.