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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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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 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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Asset Referenced Token – What Exactly Are ART Under MiCAR?
The regulations on Asset-Referenced Tokens of MiCAR will be applicable in less than six months’ time. By then at the latest, there must be clarity as to which tokens should fall under the regulations. It is still unclear when exactly a token is aimed at value stability.
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From KWG to MiCAR – How Does the Legislator Intend to Shape the Regime Change for Crypto Asset Service Providers?
The Federal Ministry of Finance has drafted a legislation to regulate the transition of crypto asset service providers from national KWG regulation to the MiCAR regime. What should regulated German crypto asset service providers be prepared for?
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The MiCAR Whitepaper (Part VII) – How Does the German Legislator Intend to Implement the Draft Financial Market Digitization Act?
According to the draft legislation on the Financial Market Digitization Act, the Crypto Markets Supervision Act is to be an independent accompanying law to MiCAR. What regulations does it contain in relation to MiCAR whitepapers?
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The MiCAR Whitepaper (Part VI) – When Does an Investor Have a Right of Revocation Under MiCAR?
MiCAR provides a right of revocation for retail investors when purchasing certain crypto assets. However, it does not apply in all cases and is not fully comparable to the right of revocation known from consumer protection law. An overview.
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BaFin License in NFT Business – Which Activities are Regulated in Times of MiCAR?
NFTs are excluded from the scope of MiCAR, which is why NFT-based business models are generally not covered by the regulation. However, there remain borderline cases in which crypto service providers are nevertheless subject to regulatory obligations.
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Europe goes Crypto (Part XVI) – How is Crypto Advisory Regulated under MiCAR?
Crypto advisory is a crypto asset service subject to authorization under MiCAR. However, it does not exclusively refer to crypto assets, but also to the recommendation of the use of other crypto asset services.
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Flashbots and MEV – Does MiCAR Ban Transaction Ordering?
MiCAR also provides rules on market abuse prevention in the crypto market. In this respect, the question arises whether MEV activities, transaction ordering and the use of flashbots in this context could be illegal under MiCAR.
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Europe goes Crypto (Part XV) – The Investment Brokerage with Crypto Assets under MiCAR
Investment broking with crypto assets will be subject to licensing under MiCAR starting December 30, 2024. Will the liability umbrella model also exist under MiCAR and what are the requirements of an own MiCAR license?
