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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 […]
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Business Models with Crypto Assets – What is the Correct Legal Basis for the BaFin Application?
In Germany, business models that are based on cryptocurrencies require prior approval by BaFin if their activity qualifies as a banking business or a financial service. This was already the case prior to the introduction of crypto assets as financial instruments into the German Banking Act (KWG) at the beginning of this year. BaFin qualifies […]
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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 […]
