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Not Your Keys, Not Your Cryptos – Can Legal Ownership be Established for Crypto Tokens?
Crypto tokens are intangible items, which is why it is impossible to obtain ownership of them according to German civil law. Is that a problem?
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Offering Counterfactual Wallets – Can That be Regulated as Crypto Custody Business?
Counterfactual wallets are a decentralized crypto wallet solution which is meant to increase the protection of wallet owners against the loss of private keys. But can the offering of counterfactual wallets to clients be an activity that is subject to authorization despite the decentralized nature of these wallets?
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Assignment Restrictions for Security Tokens – Will That Still be Possible in Future?
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.
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DeFi Business Model Crypto Lending – Is It Regulated?
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?
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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?
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Digital Operational Resilience Act – What Does DORA Hold in Store for the Crypto Industry?
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?
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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.
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The Crypto Asset Transfer Regulation – The Last Paper Tiger of the Grand Coalition?
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.
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NFTs as Crypto Assets – Are Non-Fungible Tokens Regulated Financial Instruments?
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?
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What are IDOs and Which Regulatory Obligations may be Applicable to Initiators?
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?
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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.
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Cross-Border Crypto Services – How Does the EU-Passporting Work for Crypto Businesses?
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?