EU Passporting

  • 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 […]
  • 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 […]
  • Passporting an STO Prospectus – How Can an STO Prospectus be Used for EEA-wide Offerings?
    Numerous capital markets authorities throughout Europe approved security token offerings by now and thereby allowed the public offering of blockchain-based securities. Even in Germany, where the securities law still heavily relies on documents in paper form, a number of securities prospectuses regarding blockchain-based securities have been approved by BaFin. At the same time, the German […]
  • Would a BaFin issued Crypto Custody License be EU-Passpotable?
    In less than six month the new financial service of crypto custodian services will be introduced to the German banking regulatory law unless the German legislator does not change his mind. The decision to subject crypto custodians to BaFin authorization is currently being criticized and discussed massively. Especially the proposed introduction of section 32 subsection 1g into […]
  • Passporting a Crypto License – Does That Work?
    Europe offers a lot of advantages, especially for financial service providers that are located within the European Union (EU) if it comes to the internationalization of their business model. The progressive harmonization of the legislation regarding financial supervision and the capital markets within the European Union allows supervised and regulated banks and financial service providers […]
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