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STO with a Security Information Sheet – A Chance for SMEs?
According to the requirements of the EU-prospectus directive, companies intending to procure funds from the European capital markets by offering securities to investors need to compile and publish a comprehensive security prospectus that must be approved by the competent capital markets supervisory authority. The same rules apply to the public offering of security tokens, that […]
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Crypto Assets – What is that Exactly?
[et_pb_section fb_built=”1″ admin_label=”section” _builder_version=”3.22″ 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=”/kryptowerte-was-ist-das-eigentlich-genau/” sticky_enabled=”0″][/et_pb_button][/et_pb_column][/et_pb_row][et_pb_row admin_label=”row” _builder_version=”3.25″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” global_colors_info=”{}”][et_pb_column type=”4_4″ _builder_version=”3.25″ custom_padding=”|||” global_colors_info=”{}” custom_padding__hover=”|||”][et_pb_text admin_label=”Text” _builder_version=”3.27.4″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” global_colors_info=”{}”] Since the beginning of the year, Germany has a new regulated […]
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Let´s Build a Crypto Custodian (Part IV) – What do Foreign Crypto Custodians have to Consider?
With the introduction of crypto custody services as a financial service that is subject to authorization, Germany positioned internationally as a location with clear and definite laws for the blockchain-business. Even though the German solo effort led to a still inconsistent crypto regulation throughout the continent which in terms of market harmonization within the EU […]
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Between the Poles – Is Blockchain-based E-Money not a Crypto Asset?
Nowadays, there are many different ways in which money is digitally usable. Scriptural money can only be created virtually by credit institutions and is used among the involved payment institutions in electronical form whenever a payer initiates a transaction. Also on the side of the payment initiating payer digital tools such as banking apps are […]
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Crypto Assets and AML – When are Crypto Businesses Subject to the German Money Laundering Act?
As of 2020 the German legislator is going to introduce crypto assets into the German Banking Act (KWG) as a new form of financial instruments and crypto custody services as a new form of financial service which is subject to authorization. Basis for these legal innovations is the amending directive to the fourth European Anti-Money […]
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Let’s Build a Crypto Custodian (Part III) – What Requirements Will BaFin Place on Risk Managing Strategies?
r authorization for the new financial service of crypto custody services. Several national and international market participants already display a keen interest in obtaining the authorization for said financial service. Even though it remains to be seen which companies actually apply for authorization and which of those applicants will be approved by BaFin, it nonetheless […]
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Payment Services with Cryptocurrencies – Can an Authorization for Payment Services be Required?
According to the basic idea of Satoshi Nakamoto, Bitcoin was meant to be an electronic peer-to-peer payment system that would function directly between the users without the necessity of payment processors such as banks. The massive increase in value since the mining of the first Bitcoin – to almost 20.000 euros per Bitcoin temporarily – […]
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Crypto Custody Business and Grandfathering – Who Can actually Profit from the Transitional Rule?
With the year 2020, the new financial service of crypto custody business will be introduced in Germany. Custodians of crypto assets from then on can offer their services only if they acquired a BaFin authorization beforehand. Since the German legislator took his time with the new law and the exact requirements for a successful authorization […]
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Let’s Build a Crypto Custodian (Part II) – How Much Regulatory Starting Capital Does a Crypto Custodian Require?
As of the first of January 2020, crypto custodian services will be regulated as a new financial service in Germany. The safekeeping of cryptocurrencies and crypto tokens for customers on a commercial extent will at that point in time require a prior authorization by BaFin. The new financial service touches on a core issue of […]
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Starting Capital and Equity for Blockchain Startups – How Much must be shown to BaFin?
Operating a business model in Germany that is based on or related to cryptocurrencies requires a BaFin authorization in most cases. BaFin qualifies Bitcoin and comparable cryptocurrencies as units of account already since 2011 and as of 2020 crypto assets will be legally classified as financial instruments in the German Banking Act (KWG). Moreover, BaFin […]
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Let´s Build a Crypto Custody (Part I) – What Qualification is Required by the Management?
After a lengthy back and forth, the German legislator last week finally decided on how to conduct the transposition of the provisions of the 5th European AML Directive into national law. The German Parliament accepted the recommended resolution of the 7th financial committee after the original draft of the federal government was heavily criticized by […]
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Lending Cryptocurrencies – Is that a Lending Business and Therefore Subject to Authorization?
Companies that commercially grant customers loans generally need, if they are subject to German banking supervisory law, a BaFin authorization for the lending business. According to the applicable legal provisions, this banking activity is reserved for companies with a full banking license. According to the legal definition of the German Banking Act (KWG), acceptance credits […]