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These Guidelines are issued pursuant to Article 16 of Regulation (EU) No 1093/2010 establishing a European Supervisory Authority (European Banking Authority); Regulation (EU) No 1094/2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority); and Regulation (EU) No 1095/2010 establishing a European Supervisory Authority (European Securities and Markets Authority) (the ESAs’ Regulations).

According to paragraph 22 a) of these Guidelines, competent authorities and other persons to whom these Guidelines are addressed should apply ESMA Guidelines of 19 March 2025 No ESMA75453128700-1323 – Guidelines on the conditions and criteria for the qualification of crypto-assets as financial instruments to assess whether the crypto-asset is a financial instrument. Since Slovak securities legislation does not enable the issuance of tokenised transferable securities (transferable securities issued by means of distributed ledger technology), competent authorities and other persons can not assess any crypto-assets issued under Slovak securities legislation as transferable securities. Legislative change, which will address this issue, is envisaged. The National Bank of Slovakia intends to comply with these Guidelines once this legislative change takes effect