Can crypto loans be a lending business in accordance to the German Banking Act and are they therefore subject to authorization? If not, can loans that are denominated in cryptocurrency be granted on a commercial scale without prior BaFin authorization?
The harmonization of the capital markets enables European security emitters to offer their securities EEA-wide as long as they conduct a notification procedure. This is due to the EU Prospectus Directive. But can this advantage be transferred to security token offerings?
Information service providers play a central and essential role in the crypto trading markets. Market participants rely heavily on their services. Erroneous information regarding exchange rates or trading volumes can result in massive market turbulences. Would this justify a regulation of crypto information service providers?
The intended introduction of crypto custody services leaves room to interpretation for the question if the storage of private keys for multisig wallets will require authorization or not. Are multisig fiduciaries going to be crypto custody service providers?
The approval of sales prospectuses for tokenized financial instruments is no longer an obstacle for STO projects. But who is actually legally allowed to carry out the distribution of security tokens in Germany?
The global, political protest against the planned stablecoin Libra is growing and governments are threatening with prohibiting the project even before its start. But is a prohibition of stablecoins in Europe even legally possible?
Already since 2018 Mastercard deems Crypto Merchants as High-Risk Merchants. What are the consequences for crypto businesses and what are the requirements crypto companies must fulfill to be allowed to offer Mastercard as a payment method to their customers?
The German Federal Government plans the introduction of digital debenture bonds this year. Why is the change in legislation needed as security token offerings have already been approved and conducted in Germany? What are the potential changes that emitters of security tokens can expect from the introduction of digital securities?
Many STO issuers would like that their security token gets listed at a crypto exchange after the token sale is over. What are possible legal consequences of a security token listing and are there consequential obligations for the emitters?