Beiträge zum Stichwort ‘BaFin’

Crypto Exchanges: German BaFin License And New Obligations

Dec 30, 19 • Banking Regulations, Blockchain, Digital Currencies • No Comments • Benjamin Kirschbaum

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

Sep 26, 19 • Banking Regulations • No Comments • Dr. Annette Wagemann

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

Sep 26, 19 • Banking Regulations, Blockchain, Digital Currencies • No Comments • Benjamin Kirschbaum

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

Jun 28, 19 • Banking Regulations, Digital Currencies • No Comments • Benjamin Kirschbaum

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

May 13, 19 • Banking Regulations, Capital Markets and Securities Law, Digital Currencies, German Banking & Finance Law • No Comments • Benjamin Kirschbaum

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 […]
Regulation of ICOs in Germany and at international level

Nov 8, 17 • Banking Regulations, Blockchain, Digital Currencies • No Comments • Benjamin Kirschbaum

The common opinion that Initial Coin Offerings (ICO) are a form of raising capital that is subject to no regulations is increasingly facing headwinds from international regulatory authorities. Supervisors in many countries have made it clear through public statements that ICO […]
Initial Coin Offerings: A New Type of Corporate Financing

Sep 29, 17 • Banking Regulations, Digital Currencies • No Comments • Benjamin Kirschbaum

Recently, numerous start-ups have raised substantial amounts of money as funding for their business ideas through so-called initial coin offerings (ICOs). Essentially, these companies create their own cryptocurrency and sell its tokens to interested investors. The tokens as such confer no decision-making […]
Providers of Investments Required to Publish Prospectuses in Germany

Mar 31, 17 • Capital Markets and Securities Law • No Comments • Dr. Annette Wagemann

In 2017, the Act Amending Financial Market Regulations came into effect in Germany. The expansion of the obligation to draw up a prospectus has a particularly strong effect for providers of investments such as wood, container or other material investments. Previously, […]
New rules for real estate credit intermediaries in Germany

Dec 21, 15 • Banking Regulations • No Comments • Dr. Annette Wagemann

While to date, real estate lending intermediaries only have to overcome a few regulatory hurdles in Germany, this is going to change soon based on the European Residential Immovable Property Credit Directive, which is now being transposed into German law. The […]
Bitcoins and Criminal Law

Apr 14, 15 • Digital Currencies • No Comments • Benjamin Kirschbaum

The Federal Financial Supervisory Authority (BaFin) considers bitcoins to be units of account and thus financial instruments within the meaning of the German Banking Act. Accordingly, whoever operates banking transactions or financial services with bitcoins commercially or to an extent, which […]