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Archive for the Author ‘Dr. Annette Wagemann’
MiCAR: Updated Regulations for Cryptocurrency Issuers Effective from 30.06.2024
Since June 30, 2024, the German Financial Supervisory Authority BaFin has been overseeing issuers of ART (as per Title III of MiCAR) and EMT (as per Title IV of MiCAR), ensuring their compliance with the provisions of the MiCAR (Markets in […]
Crypto Business Models in Germany: No License? No Crypto ATMs!
The German Federal Financial Supervisory Authority (BaFin) has issued a fresh reminder via a press release, highlighting the stringent regulatory requirements for operators of crypto business models in Germany. Services encompassing trading, custody, and advising in relation to cryptocurrencies are particularly […]
Electronic Vouchers: Regulatory Requirements for Issuance and Distribution in Germany
The sale of vouchers or prepaid cards is increasingly being offered by more and more online retailers. These can be redeemed in the retailer’s online shop or at other retailers. Many online retailers also give away vouchers as part of their […]
PSD 3 & PSR: Implications for Licensed Payment Services in Germany
On June 28, 2023, the European Commission unveiled its draft for an updated European Payment Services Directive, known as the Payment Services Directive 3 (PSD 3). The aim of PSD 3 is to further streamline the laws across member states, while […]
Electronic Securities and Crypto Securities in Germany
Corporate financing by issuing blockchain-based securities in fully digital form becomes possible On August 11, 2020, the German Federal Ministry of Justice and the Federal Ministry of Finance published a draft law on the introduction of electronic securities. This paper is […]
Entrepreneur Loan in Germany: Risks, Restructuring, Contract Clauses
Rapid debt relief for viable companies in financial difficulties through EU restructuring directive On June 20, 2019, the European Parliament and the Council of the European Union issued Directive (EU) 2019/1023, referred to as the “Restructuring Directive”. The directive is to […]
New BaFin Information Sheets: An Overview of The Most Important Changes
Changes for managers and supervisory bodies of regulated institutions under German supervisory law On June 3, 2020, the German Federal Financial Supervisory Authority (BaFin) submitted drafts of the information sheets it had revised as well as various forms of the Ordinance on […]
Advance Payments in Germany During Corona Times – Secure Your Business
We are currently increasingly noticing that many companies in Germany are demanding advance payments for their goods and services. Entrepreneurs often go into high financial outlay (working time, materials, etc.). Therefore, they use the possibilities to reduce the financial risk by […]
Introduction of Electronic Securities in Germany: This Is A Challenge For Issuers
Digitization effects and innovative technologies such as the blockchain increasingly influence the financial market. The German Federal Ministry of Justice and Consumer Protection, together with the Federal Ministry of Finance, has responded with a key issues paper on the introduction of […]
Coronavirus: Short-term Financial Assistance for Companies in Germany
Management must comply with obligations regarding organization and professional conduct In Germany, the coronavirus crisis is leading to supply shortages, employees not being able to work and revenue losses. It is not yet clear whether German legislators will rule on a […]