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Archiv für die Kategorie ‘Digital Currencies’
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 […]
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, […]
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 […]
Commercial Trading in Cryptocurrencies and Arbitrage Transactions in Germany: Pitfall Accounting
Trading in cryptocurrency isn’t exclusively reserved for private individuals. From a tax perspective, it can make sense to shift these activities to a corporation, especially when it comes to a large number of speculative trades within a year. It is not […]
How Can German Companies Implement Cryptocurrencies as a Means of Payment?
In the last few years, cryptocurrencies have hit the headlines. They were often considered as mere objects of speculation, and the extreme price development resulted in the cryptocurrency hype. However, meanwhile, this hype appears to be definitely over and cryptocurrencies are […]
Registration of Cryptocurrency Companies in Germany
The judgment of the Supreme Court of Berlin, which found that cryptocurrencies are no units of account within the meaning defined for regulatory purposes, shook up the German cryptocurrency scene. The first Bitcoin ATMs have been installed and many startups are […]
Initial Coin Offering (ICO) – How to Avoid Investor Protection Claims
Initial Coin Offerings (ICOs) have established themselves as an alternative form of corporate financing at least since 2017. Compared to conventional methods like share issues or venture capital financing, ICOs offer various advantages. In most cases, they are cheaper and faster […]
BaFin Confirms Regulatory Exemption of Utility Tokens in Germany
In the past, we already reported about so-called Initial Coin Offerings (ICO) that may be a suitable alternative source of corporate financing. Until recently, however, the regulatory situation was uncertain. The Federal Financial Supervisory Authority (BaFin) had already classified Bitcoins as […]
A Face-off between Facebook and Digital Heirs in Germany
Karlsruhe, Germany, July 12, 2018. It’s another tiny notch in David’s belt in his battle with Goliath. Germany’s Federal Court of Justice (Bundesgerichtshof – BGH) has cast the die in a five-and-a-half year struggle between the parents of a deceased teenager […]
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