2026-06-02
Added · Updated
The New York State Department of Financial Services and the European Banking Authority signed a Memorandum of Understanding to establish a framework for cross-border cooperation and information exchange regarding stablecoin supervision. The agreement mandates the timely sharing of data on stablecoin issuers, reserve assets, and compliance matters to ensure market integrity and consumer protection across both jurisdictions. It further outlines procedures for joint investigations, on-site inspections, and coordinated responses to emergencies or material infringements of regulatory requirements.
1 EBA Regular Use Memorandum of Understanding on cooperation, exchange of information and coordination between The New York State Department of Financial Services on the one part, and The European Banking Authority, Collectively the “Authorities” and individually an “Authority”.
2 EBA Regular Use Preamble (1) The European Banking Authority (“EBA”) is a European Supervisory Authority established by Regulation (EU) No 1093/20101 . (2) Regulation (EU) 2023/1114 on markets in crypto-assets2 (the “Markets in Crypto-Assets Regulation” or “MiCA”) establishes a comprehensive regulatory and supervisory framework for crypto-assets within the European Union (“EU”), including stablecoins termed as asset-referenced tokens (“ARTs”) and electronic money tokens (“EMTs”). (3) MiCA confers on the EBA supervisory responsibilities and tasks over issuers of ARTs and EMTs that are classified as significant, where they meet specific criteria set out in MiCA. (4) In order to carry out such supervisory responsibilities under Article 117 of MiCA, Article 126 of MiCA allows the EBA to conclude administrative agreements on the exchange of information with the supervisory authorities of third countries. (5) The New York State Department of Financial Services (“NYDFS”) supervises and regulates the activities of banking and other financial institutions with the goal of ensuring that the regulation of financial services in New York State keeps pace with the rapid and dynamic evolution of these industries, to guard against financial crises, and to protect consumers and markets from fraud. (6) NYDFS is the Authority in New York State responsible for regulating and supervising virtual currency and virtual currency business activities. Stablecoins are, under NYDFS’s regulatory regime, a form of virtual currency. Entities engaged in virtual currency business activities are regulated and supervised pursuant to the New York Financial Services Law3 (the “Financial Services Law”), the New York Banking Law4 (the “Banking Law”), NYDFS’s BitLicense regulation (23 NYCRR Part 200), and other regulations and guidance. (7) Effective cooperation relies on the possibility to share information freely and safely among the Authorities, and this is facilitated by robust provisions on professional secrecy and data protection. The confidentiality and professional secrecy regimes applicable to the NYDFS have been assessed by the EBA to be equivalent to those set out in MiCA. (8) The Authorities intend to ensure an effective level of cooperation and exchange of information for the performance of their supervisory tasks under their respective legal frameworks and for this purpose have decided to enter into this Memorandum of Understanding (“MoU”). 1 Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331 of 15.12.2010, p.12). 2 Regulation (EU) No 2023/1114 of the European Parliament and of the Council of 31 May 2023 on markets in crypto-assets, and amending Regulations (EU) No 1093/2010 and (EEU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937 (OJ L 150 of 09.06.2023, p.1). 3 Chapter 18-A of the New York Consolidated Laws. 4 Chapter 2 of the New York Consolidated Laws.
3 EBA Regular Use Article 1 Definitions For the purposes of this MoU: a) “Authority/ies” means a signatory/ies to this MoU or any successor thereto. b) “Crypto-asset” means a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology. c) “Information and Communication Technology (ICT)” means all technologies used for the gathering, storing, transmitting, retrieving, or processing of information (e.g. microelectronics, printed circuit boards, computing systems, software, signal processors, mobile telephony, satellite communications, and networks). d) “ICT-related security incident” means a single event or series of linked events unplanned by the supervised entity or person that compromises the security of the network and information systems, and have an adverse impact on: a. The confidentiality, authenticity, integrity, or availability of the supervised entity or person's ICT; b. The information the supervised entity or person gathers, stores, transmits, retrieves, or otherwise processes; or c. The safety and security of the supervised entity or person's operations. e) “Providing Authority” means the Authority that has provided information under this MoU. f) “Qualifying holding” means any direct or indirect holding in a supervised entity which represents at least 10 % of the capital or of the voting rights, or which makes it possible to exercise a significant influence over the management of the supervised entity in which that holding subsists. g) “Receiving Authority” means the Authority that has received information under this MoU. h) “Requested Authority” means the Authority to whom a request for exchange of information, participation in or assistance with the conduct of investigations or on-site inspections in the other Authority’s jurisdiction is made. i) “Requesting Authority” means the Authority making a request for exchange of information, or addressing a request to participate in or assist with the conduct of investigations or on-site inspections in the other Authority’s jurisdiction. j) “Stablecoin” means a type of crypto-asset that purports to maintain a stable value by referencing the value of one official currency, or by referencing another value or right or a combination thereof, including one or more official currencies. k) “Supervisory college” means a supervisory college established or led by either of the Authorities to act as a vehicle for the coordination of supervisory activities among its members over the relevant supervised entities or persons. l) “Supervised entity or person” means i) an issuer of stablecoins or another entity or person engaged in stablecoin-related activities within the supervisory remit of both of the Authorities or ii) an issuer of stablecoins or another entity or person engaged in stablecoin-related activities within the supervisory remit of either of the Authorities, provided that the relevant stablecoins are simultaneously issued in both Authorities’ jurisdictions.
4 EBA Regular Use m) “Supervisory tasks” means any activities or actions conducted by the Authorities in order to carry out their supervisory responsibilities over supervised entities or persons under their respective legal frameworks. Article 2 Purpose and scope of cooperation
5 EBA Regular Use Article 4 Areas of exchange of information
6 EBA Regular Use o) any other matter relevant for the performance of the Authorities’ supervisory responsibilities. 2. The Authorities acknowledge that certain categories of information falling within the scope of this MoU are deemed necessary for recurrent exchanges on a quarterly basis without prior request, and agree to establish such exchanges in accordance with the applicable legal and regulatory frameworks, including information related to, where available: a) the value and composition of the reserve of assets constituted by the supervised entities or persons and respective maturities of such assets, the entities or persons receiving the assets constituted as reserve, the financial instruments and other assets in which the reserve of assets is invested and the issuers thereof; b) the holders of a qualifying holding in a supervised entity or person; c) the group structure of the supervised entity in each jurisdiction and any related changes; d) the number and volume of stablecoins exchanged in each relevant crypto-asset exchange or trading platforms in each jurisdiction. Article 5 Procedure for the transmission of information
7 EBA Regular Use e) the desired time period within which the information is to be provided and, where appropriate, the urgency thereof; f) to whom, if anyone, including any governmental entity onward disclosure of information is likely to be necessary and the reasons for any such disclosure. 4. Where the exchange of information is not fulfilled, the Requested Authority should explain as far as possible the reasons for not sharing the information. Article 6 Procedures for participation and assistance in the conduct of general investigations and on-site inspections
8 EBA Regular Use c) the subject matter and purpose of the investigation or on-site inspection; d) the expected starting and ending dates of the investigation or on-site inspection; e) the expected participation or assistance from the other Authority. 5. When the Authority intending to conduct the on-site inspection or investigation notifies the other Authority, the Authorities will endeavour to coordinate and agree on their respective roles and responsibilities. The Authorities will act in accordance with the following procedure before conducting the on-site inspection or general investigation: a) The Authority notifying the conduct of the on-site inspection or investigation, which notification will take place at least forty-five (45) days in advance of the intended on-site inspection or investigation, will consult the other Authority on the intended timeframe for and the subject matter and purpose of the on-site inspection or general investigation. Where the referred prior notification of at least forty-five (45) days is not possible due to an emergency or crisis situation, or if it would lead to a situation where the on-site inspection or investigation would no longer be effective, the notification will take place as soon as possible before the initiation of the on-site inspection or investigation. b) When establishing the subject matter of any proposed on-site inspection or general investigation, the Authority notifying the conduct of the on-site inspection or investigation will consider the other’s monitoring or supervisory activities and any information or documentation that was made available or is capable of being made available. c) The non-objection or acceptance referred to in paragraph 3b) will be transmitted in writing to the notifying Authority referred to in paragraph 3b) as soon as possible and no later than thirty (30) days following the notification of intention to conduct a general investigation or an on-site inspection. Failure to communicate a response to the notification within thirty (30) days, would be considered as a consent to the general investigation or on-site inspection or in case of an invitation as referred to in paragraph 1, a lack of interest to participate in the general investigation or on-site inspection. In emergency or crisis situations, the non-objection or acceptance referred in the first sentence will be transmitted as soon as possible and in any event within three (3) working days following receipt of the notification of intention to conduct the on-site inspection or general investigation. d) Upon request, the Authorities will assist each other in reviewing the contents of public or non-public books and records and obtaining information from management and staff of the entity or person subject to the on-site inspection or investigation. 6. Subject to the fulfilment of the conditions set out in paragraph 3 of this Article, the Authorities will communicate to each other the names and contact details of the designated individuals who will take part or assist in the investigation or on-site inspection. 7. On conclusion of the on-site inspection or general investigation, the Authority conducting the investigation or on-site inspection should present the other Authority with the relevant
9 EBA Regular Use findings within a reasonable timeframe. This information will be given insofar as possible and subject to applicable laws and regulations, and in line with the principles set out in this MoU. 8. Exchange of information and communications under this Article take place in accordance with paragraphs 1 and 2 of Article 5. Article 7 Mechanisms for the notification in cases of infringement of requirements
10 EBA Regular Use administrative penalty or adopt any other enforcement, regulatory or supervisory measure with regard to the supervised entity or person, that Authority will share that plan with or inform the other Authority, as soon as practicable. 5. Exchange of information under this Article takes place in accordance with Article 5. The Authorities may organise regular meetings in order to facilitate such exchange of information. Article 8 Cooperation in relation to emergency situations
11 EBA Regular Use b) where a request for assistance is not made in accordance with the terms of this MoU; or c) on the grounds of New York State’s public interest for the NYDFS or of European public interest for the EBA. 6. To facilitate communication and cooperation under this MoU, the Authorities hereby designate contact persons as set forth in the Appendix A. Any modifications to the details of contact persons should be communicated without undue delay to the other Authority. Article 10 Confidentiality and permissible uses of information
12 EBA Regular Use 5. The Authorities intend that the sharing or disclosure of confidential information, including deliberative and consultative materials, pursuant to the terms of this MoU, will not constitute a waiver of privilege or confidentiality of such information. 6. Each Authority will ensure that all persons that deal with or have access to confidential information provided by the other Authority (including any of its staff, members of its governance bodies, external providers and any persons who perform tasks on behalf of such Authority that have access to confidential information) are bound by the obligations of confidentiality and professional secrecy in compliance with the applicable legal framework, including after the termination of their duties. 7. The Authorities represent and acknowledge that under the terms of this MoU: a) the NYDFS processes confidential information in accordance with the relevant provisions of the Financial Services Law and the Banking Law and internal requirements on confidentiality and professional secrecy; b) the EBA processes confidential information in accordance with the relevant provisions of the EBA Regulation and internal requirements on confidentiality and professional secrecy. Article 11 Personal data To the extent any personal data is exchanged by the Authorities under this MoU, such an exchange shall be processed in line with the laws and regulations applicable in their respective jurisdictions5 . Article 12 Successor authorities
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14 EBA Regular Use Executed by the Authorities. For the European Banking Authority [SIGNED] François-Louis Michaud EBA Chair Date: 13/05/2026 New York State Department of Financial Services [SIGNED] Kaitlin Asrow Acting Superintendent Date: 27/04/2026
15 EBA Regular Use Appendix A Contact Persons (redacted)
16 EBA Regular Use Annex II Onward Sharing Authorities
17 EBA Regular Use Annex III Annex III contains the list of Onward Sharing Authorities for the NYDFS, as referenced in paragraph 1(a) of Annex II: (1) the Board of Governors of the Federal Reserve System (the ‘Board of Governors’), (2) the Office of the Comptroller of the Currency (the ‘OCC’), (3) the Federal Deposit Insurance Corporation (the ‘FDIC’).
18 EBA Regular Use Annex IV The table below and items (7) to (11) in Annex IV, contain the list of Onward Sharing Authorities for the EBA, as referenced in paragraph 1(b) of Annex II: (1) competent authorities responsible for carrying out the functions and duties provided for in MICA and designated in accordance with Article 93 thereof (‘MICA authorities’); (2) competent authorities as referred to in Article 4(2), point (vi) of Regulation (EU) No 1093/2010 with regard to Directive 2009/110/EC6 (‘electronic money directive authorities’); (3) competent authorities as referred to in Articles 4(2), point (i) and 35a(12), point (g) of Regulation (EU) No 1093/2010 (‘prudential supervisory authorities’); (4) competent authorities as referred to in Articles 4(2), point (v) and 35a(12), point (i) of Regulation (EU) No 1093/2010 (‘resolution authorities’); (5) competent authorities as referred to in Article 4(2), point (iv) of Regulation (EU) No 1093/2010 (‘deposit guarantee schemes’); (6) competent authorities (financial supervisors) for anti-money laundering and counterterrorist financing, as referred to in Article 35a(12), point (k) of Regulation (EU) No 1093/2010 (‘AML/CFT authorities’); Member State National competent authorities for onward sharing Scope of supervisory responsibilities Austria Österreichische Finanzmarktaufsichtsbehörde (FMA) (1) (2) (3) (4) (5) (6) Belgium National Bank of Belgium Autoriteit voor Financiële Diensten en Markten / Autorité des services et marchés financiers Deposit Guarantee Scheme (2) (3) (4) (6) (3) (6) (5) Bulgaria Bulgarian National Bank Bulgarian Financial Supervision Commission (FSC) Bulgarian Deposit Insurance Fund FID SANS (FIU) (1) (2) (3) (4) (5) (6) (1) (3)(4) (6) (5) (6) Croatia Hrvatska Narodna Banka (HNB) Hrvatska agencija za nadzor financijskih usluga (HANFA) (1) (2) (3) (4) (5) (6) (1) (3) (6) 6 Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC.
19 EBA Regular Use Državna Agencija za Osiguranje Štednih Uloga i Sanaciju Banaka (State Agency for Deposit Insurance and Bank Resolution) Ministry of Finance, Financial Inspectorate (4) (5) (6) Cyprus Central Bank of Cyprus (CBC) Cyprus Securities and Exchange Commission (CySEC) Management Committee of the Deposit Guarantee and Resolution of Credit and Other Institutions Scheme administered by the Central Bank of Cyprus Insurance Companies Control Service (ICCS) (1) (2) (3) (4) (5) (6) (1) (3) (6) (4) (5) (6) Czech Republic Česká národní banka (CNB) Financial Market Guarantee System Financial Analytical Office of the Czech Republic (1) (2) (3) (4) (5) (6) (5) (6) Denmark Finanstilsynet (DK FSA) Finansiel Stabilitet (Financial Stability Company) (1) (2) (3) (4) (5) (6) (4) (5) Estonia Finantsinspektsioon (FSA) Tagastisfond (Guarantee Fund) Estonian FIU (1) (2) (3) (4) (5) (6) (5) (6) Finland Finanssivalvonta (FIN-FSA) Rahoitusvakausvirasto (Financial Stability Authority) Lupa- ja valvontarivasto (Finnish Supervisory Agency) (1) (2) (3) (6) (4) (5) (6) France Autorité de Contrôle Prudentiel (ACPR) Autorité des Marchés Financiers (AMF) (1) (2) (3) (4) (5) (6) (1) Germany Bundesanstalt für Finanzdienstleistungsaufsicht (‘BaFin’, Federal Financial Supervisory Authority) Die Deutsche Bundesbank (in their supporting role to BaFin) (1) (2) (3) (4) (5) (6) (1) (3) Greece Τράπεζα της Ελλάδος (Bank of Greece) Hellenic Capital Markets Commission (HCMC) Ministry of Finance (DGS) (1) (2) (3) (4) (6) (1) (3) (4) (6) (5)
20 EBA Regular Use Ministry of Economy and Development / General Secretariat for Commerce and Consumer Affairs) (2) Hungary Magyar Nemzeti Bank (Central Bank of Hungary) National Deposit Insurance Fund of Hungary (1) (2) (3) (4) (6) (4) (5) Ireland Central Bank of Ireland (CBoI) (1) (2) (3) (4) (5) (6) Italy Banca d’Italia Commissione Nazionale per le Società e la Borsa (CONSOB) Institute for Insurance Supervision (IVASS) Organismo degli Agenti e dei Mediatori (OAM) (1) (2) (3) (4) (5) (6) (1) (6) (6) Latvia Latvijas Banka (1) (2) (3) (4) (5) (6) Lithuania Lietuvos Bankas (LB) Indėlių ir investicijų draudimas IDF (DGS) Financial Crime Investigation Service under The Ministry of the Interior of the Republic of Lithuania (FIU) (1) (2) (3) (4) (5) (6) (5) (6) Luxembourg Commission de Surveillance du Secteur Financier (CSSF) Commissariat aux Assurances (CAA) (1) (2) (3) (4) (5) (6) (6) Malta Malta Financial Services Authority (MFSA) Depositor and Investor Compensation Scheme Financial Intelligence Analysis Unit (FIAU) (1) (2) (3) (4) (5) (5) (6) The Netherlands De Nederlansche Bank (DNB) Autoriteit Financiële Markten (AFM) (1) (2) (3) (4) (5) (6) (1) (6) Poland Komisja Nadzoru Finansowego (KNF) Bankowy Fundusz Gwarancyjny (Bank Guarantee Fund) Generalny Inspektor Informacji Finansowej (FIU) (1) (2) (3) (6) (4) (5) (6) Portugal Banco de Portugal (Bank of Portugal) Comissão do Mercado de Valores Mobiliários (CMVM) Autoridade de Supervisão de Seguros e Fundos de Pensões (ASF) (2) (3) (4) (5) (6) (3) (6) (6) Romania Banca Naţională a României (National Bank of Romania) (2) (3) (4) (5) (6)
21 EBA Regular Use Bank Deposit Guarantee Fund Autoritatea de Supraveghere Financiara (ASF) National Office for Prevention and Control of Money Laundering, from the structure of the Ministry of Public Finance (NOPCML) (FIU) (5) (3) (4) (5) (6) (6) Slovakia Národná Banka Slovenska (NBS) Rada pre riešenie krízových situácií (Resolution Council) Deposit Protection Fund Finančná spravodajská jednotka (FIU) (1) (2) (3) (6) (4) (5) (6) Slovenia Banka Slovenije Agencija za trg Vrednostnih Papirjev (ATVP)/ The Securities Market Agency Office for Money Laundering Prevention Insurance Supervision Agency (AZN) (1) (2) (3) (4) (5) (6) (1) (6) (6) (6) Spain Banco de España (Bank of Spain) Comisión Nacional del Mercado de Valores (CNMV) FROB (Spanish Executive Resolution Authority) – contact authority Fondo de Garantia de Depositos de Entidades de Credito (FGD) Servicio Ejecutivo de la Comisión de Prevención del Blanqueo de Capitales e Infracciones Monetarias (SEPBLAC) (FIU) (1) (2) (3) (4) (5) (1) (3) (4) (4) (5) (6) Sweden Finansinspektionen (FI) Riksgälden (Swedish National Debt Office) (1) (2) (3) (6) (4) (5) Iceland Central Bank of Iceland (Seðlabankinn) Depositors and Investors’ Guarantee Fund (1) (2) (3) (4) (6) (5) Liechtenstein Finanzmarktaufsicht Liecthenstein (FMA) (1) (2) (3) (4) (5) (6) Norway Finanstilsynet Bank’s Guarantee Fund (1) (2) (3) (4) (6) (5)
22 EBA Regular Use (7) the European Central Bank as part of the Single Supervisory Mechanism, as referred to in Articles 4(2), point (i) and 35a(12), point (g) of Regulation (EU) No 1093/2010; (8) the Authority for Anti-Money Laundering and Countering the Financing of Terrorism (AMLA), as referred to in Article 35a(12), point (j) of Regulation (EU) No 1093/2010; (9) the European Insurance and Occupational Pensions Authority (EIOPA), as referred to in Article 35a(12), point (b) of Regulation (EU) No 1093/2010; (10) the European Securities and Markets Authority (ESMA), as referred to in Article 35a(12), point (c) of Regulation (EU) No 1093/2010; (11) the Single Resolution Board (SRB), as referred to in Articles 4(2), point (v) and 35a(12), point (h) of Regulation (EU) No 1093/2010.