Rule · MAJOR

ANNEX_III.SAFEGUARDING

Safeguarding of funds received against EMT issuance (review prompt; no Annex III item asks for safeguarding)

Citation: Art. 54 MiCAR in conjunction with Art. 7 EMD2 (Directive 2009/110/EC); Annex III, Part D, point 3 MiCAR
Canonical form: Art. 54 MiCAR i.V.m. Art. 7 EMD2 (Richtlinie 2009/110/EG); Anhang III Teil D Nr. 3 MiCAR
Runs for: Annex III · e-money tokens
Severity if open: MAJOR
Section key: safeguarding
Minimum words: 60
Listed terms (English): safeguard, separate, credit institution, insolvency
Listed terms (German): sicher, gesondert, kreditinstitut, insolvenz
Package version: 1.2.1, built from source that may include unreleased changes
Source: rules/annex_iii.py

How the status is set

Missing: section safeguarding is absent or empty, or holds only placeholder text such as TBD or TBC.
Review: the section has fewer than 60 words, or a listed term does not appear (case-insensitive substring match, with any run of spaces and line breaks read as one space).
In a numbered-field XHTML draft, Review also follows when a field of the section holds only a placeholder such as TBD; the finding names the field by its number and, in English, by the template's name where the linter has one for that field.
Pass: none of the above. A pass means the check matched, nothing more.

Legal basis

Art. 54 MiCAR in conjunction with Art. 7 EMD2 (Directive 2009/110/EC); Annex III, Part D, point 3 MiCAR

Checked on 2026-10-27 against the Official Journal text in English and German (OJ L 150, 9.6.2023) and the consolidated version of 9 January 2024, and against Article 7 of Directive 2009/110/EC in its consolidated version of 13 January 2018. No amendment and no English or German corrigendum changes Art. 54 or Annex III Part D.

Synthetic examples

Each example is linted when this page is generated. The build fails if a result differs.

MissingSection absent

The section key is missing or empty.

{
  "title": "Synthetic rule example",
  "type": "emt",
  "sections": {}
}

ReviewThin section

Every listed term appears, but the section is shorter than 60 words.

{
  "title": "Synthetic rule example",
  "type": "emt",
  "sections": {
    "safeguarding": "safeguard separate credit institution insolvency"
  }
}

PassSection that matches

This text passes and shows what the check measures: listed terms and length. It is not model disclosure wording and does not meet MiCAR.

{
  "title": "Synthetic rule example",
  "type": "emt",
  "sections": {
    "safeguarding": "Synthetic example naming safeguard, separate, credit institution, insolvency. This synthetic sentence only adds length and states no fact about any issuer or token. This synthetic sentence only adds length and states no fact about any issuer or token. This synthetic sentence only adds length and states no fact about any issuer or token. This synthetic sentence only adds length and states no fact about any issuer or token."
  }
}

Limitations

Reads one section key, safeguarding. Text elsewhere in the draft is not considered.
Matches words and counts length. It does not test accuracy, consistency with other sections or the point-level items of the cited Part.
Status and severity are fixed by the rule. A draft cannot waive or downgrade them.
The Annex III rules have not yet been run against a real EMT white paper.

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