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Establishing New Blockchain Technologies – Non-Profit Corporations as the Best Legal Form?
The founders of new blockchain or DLT technologies often intend to establish a non-profit foundation or gGmbH, probably because of the existence of numerous successful examples. In which circumstances can a non-profit be advantageous and what are the pros and cons?
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MiCAR and NFTs – Are Non-Fungible Tokens Subject to MiCAR?
The question if NFTs and business models relating to them should be subject to MiCAR was controversially discussed and unclear for a long time. A compromise was reached in the end which now causes legal uncertainty.
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Insolvency of Crypto Custodians – What Happens to the Clients Crypto Assets?
As commercial enterprises, crypto custodians are also exposed to the risk of becoming insolvent. But what happens to the safeguarded crypto assets of clients in the event of a crypto custody service provider’s insolvency?
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Systematic Internalization with Crypto Assets – Can That Be Regulated Proprietary Trading?
Systematic internalisers act outside of regulated trading venues on the capital markets and are therefore subject to additional supervisory obligations. Is this also true for OTC-traders of crypto assets?
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DLT Pilot Regime – What is Subject of the Upcoming EU Regulation?
The DLT Pilot regime is supposed to create a simplified regulatory environment for trading security tokens at organized markets as of spring of 2023. A summary of current regulatory problems and the solutions proposed by the future regulation.
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Crypto Security Registrars – BaFin Publishes Note on Authorization Process
Last week, BaFin published its note concerning the authorization process for the operation of crypto security registries. This is a summary of the most important expectations of the authority.
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Governance Votes – How Should dPoS-Validators Deal with them?
Governance votes often are problematic events for validators, because the interests of their delegators may contradict. What can operators of validators do to protect themselves in these cases?
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Crypto Derivatives – What is Their Regulatory Status and Who can Offer Them in Germany?
Direct investments in crypto assets are not that attractive to investors in times of a bearish market. Crypto derivatives offer an alternative, but how are these instruments regulated and is there a sufficient supervision in place?
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Crypto Management – Which Activities Are Covered by the Management Alternative of the Crypto Custody Business?
Crypto management is a regulated activity in Germany. However, it is not quite clear which specific services are included in this activity.
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AML Prevention in the Crypto Market – Old Regulatory Approach for New Problems?
The European and global Anti Money Laundering regulation works via preventive measures of central market actors. But crypto transactions can also be executed without the services of such service providers. Is the traditional regulatory approach still up to date?
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Allowing Interest on Crypto Deposits – Is That a Regulated Activity?
Even though crypto custody services are of great importance for centralized service providers in the crypto market, only small profits are possible. Would allowing of interest for crypto balances held in custody by the crypto custody service provider be covered by the authorization to conduct crypto custody business?
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New European Funds Transfer Regulation – The End to Self-Custody of Crypto Assets?
While implementing the Travel Rule, the European Parliament also intends to severely restrict the usage of unhosted wallets in order to restrict anonymous crypto transactions in Europe. What are the implications of these plans for the self-custody of crypto assets?