Mar 25, 2025

Successful Book Launch at FIN LAW for the New MiCAR Handbook by Dr. Johannes Meier

Last Friday, we were pleased to welcome a large number of academic guests at our premises at the Senckenberg Tower in Frankfurt. The guests included Dr. Johannes Meier and Prof. Dr. Sebastian Omlor, along with their academic entourage from the Marburg Institute for the Law of Digitalization (IRDi) and numerous other authors of the MiCAR Handbook, which was recently published by Erich Schmidt Verlag and edited by Dr. Johannes Meier. After a brief welcome by Attorney Lutz Auffenberg, LL.M., FIN LAW Attorney Anja von Rosenstiel, LL.M., who was live-streaming from Boston, Massachusetts, provided some insights into the current state of crypto regulation in the US, which is also the subject of her chapter contribution to the MiCAR Handbook. Afterwards, editor Dr. Johannes Meier and his academic teacher Prof. Dr. Sebastian Omlor expressed their thanks and praise for the work and its creators, and then celebrated the publication of the handbook with a successful get-together with wine and snacks, enjoying the view of the metropolis on the Main.

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    Mar 11, 2025

    Lutz Auffenberg and FIN LAW have Again been Recognized by WiWo

    We are pleased that the renowned WirtschaftsWoche (WiWO) has once again named our founding partner Lutz Auffenberg, LL.M., as a top lawyer in banking and finance law. The WiWo has also once again named the FIN LAW law firm as a top law firm in the area of banking and finance law. As a basis for the award, the Handelsblatt Research Institute conducted surveys among a total of 1,900 lawyers from 146 law firms and evaluated these surveys by a jury of experts. In the end, 25 law firms and 37 lawyers were honored. We are extremely proud that both Attorney Lutz Auffenberg, LL.M., and FIN LAW as a whole have once again managed to make it to the top of this prestigious ranking. We also congratulate all other awarded law firms and colleagues and would like to express our sincere thanks for the great trust and appreciation of our work.

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      Mar 07, 2025

      The New FIN LAW Website – Familiar Quality in a New Design

      We are pleased to present the new FIN LAW website. Our website is now faster and more modern than before and also looks better. Of course, the redesign of the website has no negative impact on our services. On the contrary: in particular, the clearer design of our blog makes it even easier for interested website visitors to find information on their respective areas of interest.

      The posts on the various topics are now linked by keywords. This allows interested visitors to quickly and easily view our posts on the respective topics without having to click through all of our blog posts. We hope all our visitors enjoy the new site.

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        Feb 20, 2025

        Book Launch Party for the Crypto Assets MiCAR Commentary in Vienna

        On 16 December 2024, the book launch party for the recently published Kalss/Krönke/Völkel commentary “Crypto Assets” took place at the premises of our partner law firm STADLER VÖLKEL in Vienna. The authorship – to which our partner Lutz Auffenberg, LL.M. (London)belongs – celebrated together with representatives of C.H. Beck respectively Manz Verlag the cross-border cooperation for the commentary on the new MiCAR and accompanying laws and in the course of the introduction amended legal acts with wine, snacks and chestnuts over the roofs of the city center with a view at St. Stephen’s Cathedral. A short statement by Attorney Lutz Auffenberg, LL.M. (London) on the provisions of Art. 36 to 47 MiCAR on which he commented and on the entire work, as well as visual impressions of the book launch event in Vienna, can be seen here:

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          Nov 26, 2024

          Attorney Lutz Auffenberg, LL.M. (London) has Once Again been Awarded

          Lexology, the renowned online portal specializing in the evaluation and recommendation of lawyers, has included our founding partner, Attorney Lutz Auffenberg, LL.M. (London), as one of the leading experts in Germany in its Lexology Index: Fintech & Blockchain (formerly known as Who’s Who Legal). Attorney Lutz Auffenberg has thus once again made it into this prestigious ranking. The leading legal advisors were identified through an extensive market analysis and survey of market participants and lawyers advising on blockchain and fintech law.

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            Nov 25, 2024

            Attorney Anja von Rosenstiel Contributes Chapter to MiCAR Handbook

            The European Markets in Crypto Assets Regulation (MiCAR) will soon have legal effect in its entirety. MiCAR will also have an impact on cross-border crypto-asset services and their regulatory treatment. Thus, a comparative legal analysis and classification of the new regulation is an important contribution that will enable effective advice on cross-border crypto-asset services in the future. Attorney Anja von Rosenstiel, LL.M. (Boston University), M.A. (Viadrina) and of counsel at FIN LAW, has provided a comparative legal analysis of the MiCAR with US regulations in the handbook MiCAR, edited by Johannes Meier, which is expected to be published in February 2025. Interested parties can pre-order the book here.

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              Nov 20, 2024

              Attorney Lutz Auffenberg Comments on Art. 36 to 47 MiCAR in Kalss/Krönke/Völkel

              As the first legal commentary on the new Markets in Crypto Assets Regulation (MiCAR) in the German-speaking area, the book “Crypto Assets” by the editors Prof. Dr. Susanne Kalss, Prof. Dr. Christoph Krönke and Attorney Dr. Oliver Völkel, LL.M. has now been published by the publishing house C.H. Beck. Our founding partner, Attorney Lutz Auffenberg, LL.M., contributed the commentary on Art. 36 to Art. 47 MiCAR. The articles commented on by him concern the provisions on the reserve of assets to be held by issuers of asset-referenced tokens (ART) (Art. 36 – 40 MiCAR), the takeover of issuers of asset-referenced tokens (Art. 41 and 42 MiCAR), the classification of asset-referenced tokens as significant (Art. 43 to 45 MiCAR) and the provisions on the recovery plan and the redemption plan (Art. 46 and 47 MiCAR). In addition to the commentary on the MiCAR, the book “Crypto Assets” contains commentaries on the DLT pilot regime, relevant passages of MiFID II and the EU Prospectus Regulation, MAR and the Second E-Money Directive, the European Anti-Money Laundering Directive, and the draft of the German Crypto Markets Supervision Act (KMAG) for the implementation of the MiCAR provisions, which is currently being ready for vote at the German Bundestag.

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                Nov 14, 2024

                Attorney Lutz Auffenberg LL.M. (London) as Guest in Web3 NextLevel Podcast

                Our partner, Attorney Lutz Auffenberg, LL.M. (London), was a recent guest on André and Jasmin’s Web3 NextLevel Podcast. The Web3 NextLevel Podcast is a weekly business podcast that primarily covers topics such as Web3, blockchain and cryptocurrencies. In this episode, André, Jasmin and Lutz discuss, among other things, the historical development of crypto regulation in Germany and Europe, the future of that regulation, particularly under the MiCAR regulation that will soon be applicable throughout Europe, and the impact of this development on business models related to crypto assets and cryptographic currencies. Lutz shares insights from his advisory practice and also provides some advice for both young and established companies that want to gain a foothold in this area. Interested listeners can access the podcast episode (German language only) with Lutz on MiCAR regulation here from 13 November 2024.

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                  Jun 05, 2024

                  Attorney Anja von Rosenstiel Joins FIN LAW as of Counsel

                  The FIN LAW team continues to grow and welcomes Anja von Rosenstiel, LL.M. (Boston University), M.A. (Viadrina) as of Counsel to the team. Anja von Rosenstiel, LL.M. (Boston University), M.A. (Viadrina) will advise our clients on the interface between American, European and German banking, securities and financial services law as well as on corporate law issues. In addition, she will support our domestic and international clients in the area of national and European crypto-regulation as well as in obtaining BaFin licenses under the regulatory regimes of MiCAR, KWG and WpIG.

                  Attorney Anja von Rosenstiel, LL.M. (Boston University), M.A. (Viadrina) has many years of consulting experience in the areas of crypto-regulation, licensing and compliance in derivatives and securities trading as well as in the drafting of general terms and conditions for financial service providers. In addition, Anja von Rosenstiel, LL.M. (Boston University), M.A. (Viadrina) teaches as an Attorney-at-Law (MA) and Lecturer of Law at Boston University Law School. She is also a Research Fellow at the US-based Decentralization Research Center. Her work focuses on corporate law issues in the use of distributed ledger technologies in corporations and foundations in general and Decentralized Autonomous Organizations (“DAO”) in particular. Not only for these reasons, but also because of her reliable and solution-oriented way of working and her pleasant demeanor, we are proud and happy that Anja von Rosenstiel will support our law firm in the future.

                  We are very much looking forward to working with Anja and are sure that our clients will benefit from her extensive expertise.

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                    Feb 09, 2024

                    Attorney Anton Schröder Joins FIN LAW in IT and Data Protection Law

                    Attorney Anton Schröder Joins FIN LAW in IT and Data Protection Law

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                    The FIN LAW team is growing and welcomes Anton Schröder as a new member of the advisory team. Anton Schröder will primarily advise our clients on IT and data protection law as well as on all legal issues relating to online services, Software-as-a-Service business models (SaaS) and contract drafting. He will also advise our domestic and international clients on national and European crypto regulation and on obtaining a BaFin license under the regulatory regimes of the Markets in Crypto Assets Regulation (MiCAR), the German Banking Act (KWG) and the German Investment Firms Act (WpIG).

                    Attorney Anton Schröder already worked for FIN LAW as part of his legal training during his legal clerkship. Not least for this reason, we know that with Anton we have not only gained an excellent lawyer, but also a highly reliable and pleasant new team member for our law firm.

                    We are very much looking forward to working with Anton and are sure that our clients will benefit from his commitment and expertise.

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                      Nov 14, 2023

                      FIN LAW comments on the draft bill for the FinmadiG

                      FIN LAW comments on the draft bill for the FinmadiG

                      On 23 October 2023, the Federal Ministry of Finance (BMF) invited associations and experts from the German crypto industry to comment on its draft bill for a Financial Market Digitization Act (FinmadiG). In response to this invitation, FIN LAW lawyers Lutz Auffenberg, LL.M. (London) and Dr. Konrad Uhink commented on the planned introduction of a new Crypto Markets Supervision Act (KMAG) and on proposed amendments to the German Banking Act (KWG), which are intended to regulate the transition from the current national crypto regulation to the MiCAR regime. FIN LAW is particularly critical of the very short transition period of only until 31 December 2025 for crypto asset service providers operating on the basis of national BaFin licenses to obtain a MiCAR license. In addition, lawyer Lutz Auffenberg, LL.M. (London) and lawyer Dr. Konrad Uhink question the proposed terms “cryptographic instrument” and “qualified crypto custody”. While the term “cryptographic instrument” seems unnecessarily complicated in their view, the new financial service of qualified crypto custody must be clearly distinguished from crypto custody under MiCAR, as it relates exclusively to the custody of cryptographic instruments, while it does not entitle the custodian to safeguard crypto assets within the meaning of MiCAR. In this respect, it is not a qualified form of crypto custody, so that its designation as “qualified” is misleading.

                      The statement on the consultation of the BMF is available on the BMF website as well as via the button below.

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                        May 25, 2023

                        FIN LAW and x-markets Publish Paper on Client Crypto Asset Protection

                        In the future, the Markets in Crypto Assets Regulation (MiCAR) will require European operators of crypto custody services to take strict security precautions when holding their clients’ crypto assets. In particular, crypto custodians will be legally required to strictly separate client assets from their own holdings in order to ensure that client assets are available in the event of insolvency. Even though the draft bill for the German government’s Future Financing Act already provides for similar obligations for crypto custodians, the currently applicable German insolvency law does not yet provide a legal basis for segregating customer crypto assets in the event of insolvency.

                        FIN LAW, together with Frankfurt-based x-markets consulting, has now prepared a paper on the most important aspects in this field, which informs crypto custodians about possibilities to ensure the best possible legal protection of their clients’ crypto assets already now, while at the same time preparing themselves for the upcoming obligations under MiCAR.

                        You can access the paper via the button below:

                        Paper on Client Asset Protection for Crypto

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