When the obligation applies
- MiCA crypto-asset service provider, including a bank when providing a virtual asset service.
- Other authorised person or trust providing virtual asset services under section 4(10).
Exceptions and important distinctions
- Section 4(8) excludes assets under MiCA article 2(4) and unique non-fungible assets unusable for payment or investment.
- Section 4(9) excludes crypto-asset advice from the service definition; assess other activities and categories separately.
- Read the category with section 2(3): the activity must form part of the business, subject to statutory exceptions for non-business legal entities, lawyer partners and the specified trust activity.
From first engagement to retention
Read this workflow with the scope and exceptions for this profession. Evidence of a measure follows its actual performance.
1. Before starting: verify scope
Record the actual service, parties and why it falls within the scope above. Assess exceptions for each measure, rather than applying them to the entire client relationship.
2. While providing the service: apply sector steps
- Check authorisation and the product actually supplied.
- Configure identification, due diligence, ongoing monitoring and reporting for the product.
- Determine the Czech National Bank and FAÚ supervisory remit for the particular authorisation.
When the service, party or relevant circumstances change, revisit the affected step. This profession’s special regime takes precedence over a generic checklist.
3. Closure: document the outcome under the applicable regime
- Authorisation and product map
- Customer and transaction records
- Risk assessment, internal procedures and review records
- Asset and service classification, authorisation and transfer obligations
Determine which records to retain and under what legal basis. For a customer of an obliged entity this concerns cooperation, not taking over the provider’s duties.
§ 2 odst. 1 písm. b) bod 15; § 4 odst. 8–10Supervision and legal basis
FAÚ; the Czech National Bank for entities within its supervisory remit under section 35(1)(a).
§ 2 odst. 1 písm. b) bod 15; § 4 odst. 8–10 ↗
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