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  • Draft Legislation for Introduction of Electronic Securities – What will Be the Major Changes?
    The German crypto-scene has been waiting a long time for the Federal Ministry of Justice to publish its draft legislation on the introduction of electronic securities, especially since this draft was announced by the ministry for the last quarter of 2019. It was finally published last Friday. The Federal Government deems the development of regulations […]
  • Inventory Management in Crypto Custody Service – What must be Observed when Taking Custody of Crypto Assets?
    According to BaFin, over fifty potential service providers already informed the supervisory authority about their intention to apply for an authorization to conduct crypto custody services until the end of November 2020. Less than ten actual applications have been submitted to BaFin until now. Even though it can be assumed that some of those that […]
  • Crypto Me Up – What must be Reported to BaFin by Financial Service Providers When Implementing Crypto Services?
    Blockchain technology created a veritable crypto-hype during the last couple of years, especially in the financial industry. That said, a direct investment in crypto assets is not necessarily at the center of attention for the established financial markets participants. Blockchain technology, especially when applied to the financial industry offers a variety of innovations and solutions […]
  • Acceptance Feature for Security Tokens – What is it and Why is it Important?
    [et_pb_section fb_built=”1″ _builder_version=”4.9.10″ _module_preset=”default” global_colors_info=”{}”][et_pb_row _builder_version=”4.10.6″ _module_preset=”default” global_colors_info=”{}”][et_pb_column type=”4_4″ _builder_version=”4.10.6″ _module_preset=”default” global_colors_info=”{}”][et_pb_button button_text=”for German version click here” _builder_version=”4.10.8″ _module_preset=”default” custom_button=”on” button_text_size=”13px” button_border_width=”1px” button_border_radius=”0px” hover_enabled=”0″ global_colors_info=”{}” button_url=”/acceptance-funktion-bei-security-token-was-ist-das-und-warum-ist-sie-wichtig/” sticky_enabled=”0″][/et_pb_button][/et_pb_column][/et_pb_row][et_pb_row _builder_version=”4.9.10″ _module_preset=”default” global_colors_info=”{}”][et_pb_column type=”4_4″ _builder_version=”4.9.10″ _module_preset=”default” global_colors_info=”{}”][et_pb_text _builder_version=”4.9.10″ _module_preset=”default” global_colors_info=”{}”] Since the approval of the first security prospectus for a security token offering on the German market, the […]
  • Buy or Build – Is the Acquisition of an Institute an Alternative to a BaFin Application?
    Business ideas in the blockchain sector in Germany can often not be realized without the appropriate authorization of BaFin. The obligation to obtain a BaFin authorization as a consequence of the extensive regulation of crypto assets and blockchain tokens often comes as a showstopper for startups if they cannot find a cooperation partner that offers […]
  • Crypto Business in Germany – In Which Scenario is BaFin Competent for Foreign Crypto Providers?
    Germany is taking on a special role in Europe and globally when it comes to blockchain regulation. The German Government decided last year that Germany would strive to become an internationally well-known hotspot for businesses with business models that are connected to or based on blockchain technology or cryptocurrencies. Germany tries to achieve this among […]
  • Trading Signals for Crypto Assets – Do Signal Providers have to register with BaFin?
    The international trade of crypto assets is becoming more and more attractive to professional traders. Even though the overall market capitalization of the crypto market is still extremely low in comparison to the market capitalization of the established capital markets, the independence from exchange trading hours and the volatility that are associated with crypto assets […]
  • Scaling Bitcoin via the Lightning Network – What Must be Considered by Crypto Businesses?
    The Lightning Network promises to solve one of Bitcoin´s biggest problems: The Scalability. Due to its decentralized operation mode, the Bitcoin network itself can process and settle between seven and twelve transactions per second. In part this is due to the relatively small block size of just one Megabyte per block in comparison to other […]
  • Capital Markets Union and Security Token – Which Country Should Be Chosen for a Security Token Offering?
    The European commission intends to further develop and promote the free flow of capital within the Capital Markets Union. Numerus efforts have been made – and some have even been partially implemented – to reach this goal since 2015. The EU Prospectus regulation for example creates a uniform European framework for the creation and approval […]
  • Administration of Crypto Assets – What is Regulated by this Variant of the Crypto Custody Business?
    The custody of crypto assets in Germany is an activity which is subject to authorization since the beginning of the year 2020. Rumors have it, that over 40 companies are interested in obtaining an authorization from BaFin to conduct crypto custody business in Germany. The newly introduced legal basis is not only applicable to the […]
  • Crypto Custodians and AML – What Applies to Crypto Custodians?
    Last week BaFin published its long-awaited article concerning the AML obligations of financial service providers that intend to offer crypto custody services. The subject of crypto custody services therefore stays highly topical even during the corona crisis and BaFin continues its efforts to best inform the market participants with regards to the supervisory obligations of […]
  • General Duties of Care in Crypto Business – What Applies to Financial Service Providers Dealing with Crypto Assets?
    When it comes to providing their services to customers, financial service providers have traditionally been strictly regulated. Since the implementation of the second European Markets in Financial Instruments Directive (MiFID II) in 2018, the obligations of securities service providers became even more extensive. In Germany, the federal Securities Trading Act (WpHG) regulates how securities service […]
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