Most business models in Germany that are crypto related require a BaFin authorization prior to start of operations. One of the major questions for blockchain startups when preparing a BaFin application is how much capital must be proven towards BaFin for a successful application. A brief summary:
By regulating crypto custodian services as a financial service, the German legislator chooses a non-european but national regulatory approach. But will this national crypto custodian license potentially be vaild in other european countries as well?
The German federal government plans to design crypto custody services as exclusive financial services. In addition to the custody of crypto assets, the crypto custody service providers shall not be permitted to offer any other financial or banking service that would also require a BaFin authorization. Crypto custody service providers shall therefore be limited to their core business but shall also play a central role in the German crypto market.
With the Crypto Custodian Service, the German legislator plans to introduce a completely new fiancial service which requires service providers to obtain a BaFin licence. Additionally, Crypto Assets shall in future explicitely qualify as financial instruments. But what does this mean for blockchain fintechs?