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Reverse Solicitation – Does MiCAR also Apply to Crypto Service Providers from Third Countries?
Under MiCAR, it will be practically impossible for crypto service providers from the USA, Switzerland or other third countries to serve European customers without a MiCAR license on the grounds of passive freedom to provide services. What exceptions will remain?
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The EU Growth Prospectus – Who May Benefit from These Regulations and What Facilitations Are There?
The EU Growth Prospectus is intended to make it easier for certain companies to comply with their obligation to publish a prospectus for capital market issues. Are only SMEs affected by these facilitations and what content-related facilitations are there at all?
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Crypto Advisory Under MiCAR – Will Referrers Need a BaFin License in the Future?
Under the regime of the new MiCAR, crypto advice will be subject to authorization. However, this includes not only advice on transactions with crypto assets, but also advice on the use of crypto services. What are the implications for referrers?
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Incorrect Crypto Whitepaper According to MiCAR – What are the Consequences?
MiCAR will to full extent enter into effect at the end of this year. Then, also the provisions on crypto asset whitepapers of MiCAR will become applicable. But what consequences will then have the publication of an incorrect whitepaper?
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Getting Ready for MiCAR – BMF Proposes Two New Regulations for the Transition to MiCAR
At the beginning of April 2024, the Federal Ministry of Finance published two new regulations for consultation, the MiCAR-TransitV and the MiCAR-AntragsV, which are intended to regulate the transition to the MiCAR-regime for CASPs. as of when can applications be submitted to BaFin?
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Lending Business and Subordinated Loans – What to Consider When Issuing Subordinated Loans on a Regular Basis
Subordinated loans granted by companies to other companies do not generally fall under the definition of lending business. However, there are exceptions to this rule. What are these?
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BaFin License, Crypto Whitepaper, Redemption Obligation – Which Requirements Does MiCAR Set for the Issuance of E-Money Tokens?
The issuance and public offering of E-Money Tokens will soon only be possible in compliance with MiCAR regulations. What do issuers of E-Money Tokens then have to consider?
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The MiCAR Crypto Asset Whitepaper – Can the Obligation to Create also Affect the Operator of a Trading Platform?
On December 30 of this year, MiCAR comes into force in its entirety and with it the regulations on crypto asset whitepapers. Under what circumstances may the operators of trading platforms be obliged to produce such a MiCAR whitepaper?
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The Stable Coin in Europe – Who Can Issue Asset-Referenced Tokens (ART) Under MiCAR?
From June 30, 2024, the public offering of stable coins in the EU will be strictly regulated. What requirements does MiCAR actually place on issuers and providers of ART?
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The Electronic Stock Is Now Officially Introduced – What Should Be Considered?
The issuance of electronic stocks has been legally regulated by the Future Financing Act. What aspects need to be considered here?
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Expansion to Europe – How Can Crypto Asset Service Providers from Third Countries Come to Europe Under MiCAR?
Numerous crypto asset service providers from the USA, Asia, Switzerland and the UK are interested in expanding into the EU in order to benefit from the regulatory opportunities offered by MiCAR. What options do they have to approach the move to Europe from a regulatory perspective?
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Public Warnings by BaFin – How Affected Companies Can React
If BaFin publishes public warnings about companies, this can have a negative impact on the companies. How can affected companies defend themselves in such cases?
