FIN LAW BLOG
The connection between investor rights and tokens is the decisive factor and biggest challenge when it comes to the design of token terms. The new consumer protection laws limit the options for legally waterproof designs since October 2021.
Over the last couple of years crypto lending has become a popular method to generate passive income via DeFi. But can the participation in smart contract based crypto lending trigger obligations to obtain authorization for the participants?
Trading Platform for Security Tokens – Can a Stock Market Listing be an Alternative to a BaFin Authorization?
Security tokens are tokenized securities – and therefore generally tradable on traditional stock exchanges. Could the operation of a stock exchange be a reasonable alternative to a BaFin regulated crypto exchange?
Not only MiCAR will concern the European crypto industry over the next years. DORA will also be directly applicable to crypto service providers and token issuers alike. But what will be the implications for the industry?
European Crowdfunding Service Provider Regulation: Alternative for Token Offerings Without Prospectus?
The new European Crowdfunding Service Provider Regulation is in effect since the beginning of November. It provides considerable advantages for token sale projects with a volume of up to 5 million euro.
Despite fierce criticism from the industry, the Crypto Asset Transfer Regulation of the Federal Ministry of Finances has gone into effect on October 1st, 2021. One of the exemptions in it has the potential to completely unhinge the entire regulation.
NFTs are based on blockchain technology, just like traditional cryptocurrencies. But does this necessarily result in NFTs qualifying as financial instruments in the sense of German regulatory law?
Initial DEX Offerings are a relatively new type of token sale. What does the term mean and is it possible that tokens may be publicly offered via IDOs without triggering regulatory obligations for the involved parties and without a documentation of the offer by the issuer?
Prospectus, WIB or Nothing at All – Which Documentation is Required for Which Security Token Offering?
Security token offerings generally require an officially approved security prospectus. But the entire prospectus is not required in each and every case.
The financial industry in the European Union profits from passporting-options, enabling service providers to offer their services cross-border and with a uniform supervision in their home-state. But is this also applicable for crypto service providers?