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Archiv für die Kategorie ‘Banking Regulations’
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 […]
Crypto Assets: Regulation of Payment for Order Flow in Germany
Payment for order flow (PFOF) is a controversial practice in the financial and crypto industry. It involves brokers receiving payment from market makers for directing customer orders to them. What is PFOF? Payment for order flow is a practice in which […]
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 […]
Crypto-Custody Business in Germany: BaFin Provides Licenses
As WINHELLER reported lately, the fifth European Money Laundering Directive was implemented by the German parliament in November 2019. The directive came into force on January 1, 2020. As a result, Germany and the other member states of the European Union […]
Crypto Exchanges: German BaFin License And New Obligations
On November 14, 2019, the German Bundestag passed a law to implement the fifth EU anti-money laundering directive. Among other things, it regulates cryptocurrencies and crypto custody transactions. Crypto exchanges now regulated by law The law also covers crypto exchanges which […]
Establishment of a Subsidiary for Financial Services in Germany
The establishment of a branch in Germany offers European companies an undreamt-of advantage. This advantage will be revealed below. Furthermore, the relevant supervisory law for the establishment of a subsidiary in Germany will be examined. Freedom of permission for the establishment […]
BaFin Publishes New Leaflet for ICOs and STOs
The Federal Financial Supervisory Authority (BaFin) has published a new, detailed information note on the current legal situation regarding the so-called Initial Coin Offerings (ICOs) and Security Token Offerings (STOs). The authority explains which licensing obligations may exist for an ICO, […]
Obligations of Issuers of Financial Instruments in Germany
Companies raising money on the capital market by issuing shares or debt securities usually have to publish an information prospectus for investors. However, it is not enough for issuers to publish this so-called securities prospectus. There are a number of other […]
German Ministry of Finance Re-regulates Crypto Values
Bitcoin and other cryptocurrencies are not legal tender in Germany, but in the opinion of the Federal Financial Supervisory Authority (BaFin) they do represent so-called units of account. In connection with this, numerous activities such as the operation of a cryptocurrency […]
German BaFin Classifies Tokenised Investments as Securities
In its latest journal, the Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungen, BaFin) has addressed the regulatory assessment of financial instruments that are brought onto the blockchain. This so-called tokenisation means that instruments such as shares, bonds or subordinated loans can […]
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