Crypto custody business does not only include the custody, but also the administration of crypto assets. What exactly are the requirements that BaFin places on this variation of the crypto custody business which is subject to authorization and can it be fulfilled by delegating DPoS-coins?
BaFin just published its “Guidelines on application for authorization for crypto custody business” shortly after the deadline for the so-called grandfathering option for crypto custodians expired. A summary:
Already since the beginning of the legislative process of introducing crypto custodian services into the German Banking Act (KWG) it was uncertain if these new financial service providers could safeguard security tokens, meaning digital securities, for their customers. BaFin finally answered that question in its new leaflet.
As of next year, offering crypto custodian services to German customers will be possible also in case an authorization has not been obtained yet, if the service providers fulfil certain requirements and meet specific deadlines set out in the new provisions. But what exactly will the service providers need to do so that the grandfathering rule is applicable to them?
BaFin generally qualifies security tokens as securities sui generis. Does that exclude the possibility of designing security tokens as asset investments under the German Asset Investments Act and if not, what are the advantages of crypto based asset investments for the issuer and distributers?
Under which conditions do startups have the possibility to conduct Security Token Offerings on basis of a so called security information sheet instead of a full securities prospectus approved by BaFin and are there any special implications to face?
BaFin will qualify security tokens as securities in the future already for the reason that their tradability on the capital markets is highly increased by their blockchain design. Does the authority go beyond it's competencies?