Germany combines a robust prudential base with openness to innovation within the EU. Positioning itself as a financial and technology hub. Despite a conservative reputation, Germany actively embraces blockchain and digital assets.
To receive a CASP license in Germany for dealing with crypto-assets is more than just fulfilling legislative demands; it sends a very strong message to investors, partners, and clients across the globe about how reliable, transparent, and futuristic your company is.
Our crypto law firm helps to register a company plus getting a cryptocurrency license in Germany for a crypto-assets exchange; also taking care of adherence by the legislative base and giving professional advisory services for any aspect of FinTech, gambling, brokerage, or other sectors.
MiCA License Germany: Rules and Oversight Framework
This region has adopted both a national law and an EU-wide regulation approach to integrating Germany crypto exchange into its financial system. Three key regimes currently apply:
- MiFID II services – these cover investment advice, order execution, portfolio management, and all traditional securities-related activities.
- Depotgeschäft – this relates to the custody of securities under German credit institution law i.e. storage and management of classic financial instruments.
- Secure storage of crypto-assets was newly introduced in 2020 as an ancillary activity comprising storage, management, and transfer of cryptocurrency for clients. Any business carrying on these activities needs to receive a license from BaFin. In practice, this granting is often referred to as a VASP license in Germany, aligning with international terminology for virtual asset service providers. Some firms even describe it as a VASP license in Germany, highlighting the fact that BaFin supervises these activities under strict supervisory standards.
VASP to CASP transition
Cypto regulation Germany MiCA introduces a harmonized licensing regime for CASPs that Germany is currently aligning its mechanisms with:
- BaFin continues to remain the competent supervisory organ and oversees all crypto companies up till full implementation of the MiCA regime.
- BaFin-licensed firms will be in the transition process to get national CASP authorization. MiCA squeezes services into set forth buckets (storage, exchange, trading platforms, placement of crypto-assets, execution of orders, investment advice, etc.).
MiCA’s CASP regime applies from 30 December 2024. Germany has chosen to shorten the grandfathering period; existing providers may rely on transitional arrangements only until 31 December 2025 (subject to eligibility and national rules).
CASP Requirements Germany
To get a CASP authorization EU in Germany, a firm has to prove good corporate, accounting-related, and business-process setups. The key needs are:
- Local presence – the firm must be set up in Germany with a registered office and heads staying in the EU.
- Initial capital: for crypto-custody (Kryptoverwahrgeschäft) typically EUR 150,000; other services follow KWG/CRR thresholds. Under MiCA, CASP capital depends on the service bucket and cannot be double-counted with prudential buffers.
- Principals shall be able to prove their expert competence and trustworthiness as well as the absence of a criminal record against them.
- Shareholders shall also prove their financial standing and integrity.
- A business-plan shall cover commercial strategy, risk analysis, financial projections, and growth prospects for not less than three years.
- Oversight systems include internal AML/CTF-controls, enclosure management framework, internal oversight, and reporting structure.
- IT & data protection mechanisms include advances in IT strategy, cybersecurity measures, information integrity systems, and disaster recovery mechanisms.
- Proof of funds, directors’ CVs, governance and AML-policies, and an organizational chart are mandatory elements when you apply to get CASP license in Germany.
Licensing formalities
Procedure for applicants for crypto custody license Germany MiCA is done in the following sequential steps:
Preparation Stage
- Consultation on business-model qualification (MiFID, Depotgeschäft, KryptoVerwahrgeschäft), or CASP under MiCA).
- Drafting corporate structure and statutory documents.
- Definition of compliance strategy and AML/KYC framework.
Incorporation of MiCA compliant crypto company
- GmbH (German limited liability company) or AG (joint-stock company) registration
- Notarization of articles of association
- Begin by opening a corporate bank account and depositing the share capital.
- Establishing proper residency in Germany or within the EU is also a prerequisite for directors and key managers to guarantee adherence to BaFin demands.
Pre-Application Stage
- Prepare BaFin acquisition forms.
- Shareholder information, management CVs, proof of capital, business plan, and IT policies are submitted.
- Collaboration with BaFin takes place through preliminary consultation.
Request filing
- File the complete documents to BaFin.
- Possible request for more information or clarification.
License Approval
- If the conditions are fully met, an authorization is granted.
- Compliance will be checked post-approval on an ongoing basis that includes regular audits and reporting.
Transition to MiCA CASP
- After July 2026, firms shall be able to file for getting crypto license under MiCA. It’s also good to note that existing BaFin license holders shall be prioritized in the transition process.
Good things about having a Germany Crypto License
- Name – Germany is one of the most looked up to financial places all over the world.
- EU Passporting – under MiCA, a German CASP license will grant access to all EU member states.
- Clarity of Germany crypto licence regulation– clear distinction between traditional securities, crypto-assets, and upcoming CASP categories.
- Pro-innovation – Germany accommodates FinTech and blockchain evolutions alongside the preservation of investor protection.
- Market access – licensing in Germany paves a pathway to tap into Europe’s largest economy and one of its most crypto-active markets.
Final Thoughts
Germany is one of the most developed and credible European jurisdictions for digital assets. In Germany, BaFin is the competent authority; therefore, firms that want to be recognized as operating legally have to enter into a register known as the Germany crypto license register. This ensures transparency and compliance with national law plus EU-wide MiCA regulation.
To have a Germany exchange license or custody authorization, shows not only technical readiness but also regulatory and financial readiness. Be it a company applying for a Germany license crypto for custody, brokerage, or trading the process inculcates a sense of trust in the minds of investors and business partners about the particular entity.
A crypto license Germany puts your business right in the middle of the biggest economy in Europe, giving you credibility, market access, and—soon with MiCA—passporting rights all over every EU member state.
At Eternity Law, we consider crypto licence application support to be an ongoing legal exercise rather than a one-off regulatory step. We grant dynamic crypto licensing legal services based on the norms and rules of our current supervisory position and the directions for future regulation. Our MiCA legal services are tailored to assist our clients in making compliance a reality, embedding regulatory compliance standards into models of governance, internal policies, and decision making. Eternity Law offers advanced CASP compliance services, with a commitment to help you implement transaction controls, verification of client information, oversight of risks, and technical governance mechanisms in line with EU norms. Constant crypto regulation consulting makes sure that licensed actors will be able to keep abreast of regulatory guidance, supervisory assessment, and legislative developments. If expansion into other jurisdictions is required and when moving beyond current markets, our CASP passporting legal support provides assistance to cover official market entry into the EU, all while ensuring approved access. Every engagement is led by a dedicated crypto lawyer from Eternity Law, ensuring a clear legal landscape that is legally sound, regulatory resilient, and growth-oriented to help businesses in line with the growth of digital asset entities.
FAQ
Is crypto legal in Germany?
Yes. Crypto is recognized and regulated. Firms require BaFin authorization today and will transition to a MiCA CASP license.
How to avoid crypto tax in Germany?
Keep crypto-assets for more than 12 months. Corporate structures can also optimize the tax exposure.
Is Binance licensed in Germany?
As of 2025, Binance is not a holder of any BaFin license. Its operation in Germany will be determined by its compliance with MiCA requirements.
What is KryptoVerwahrgeschäft?
It’s the German law concept covering custody of crypto-assets. CASP is the new EU-wide category under MiCA that will replace national regimes and give EU passporting rights.
How long does licensing take?
It typically takes about 6-12 months, depending upon documentation completeness and BaFin’s review.
What about costs?
Fees vary by service, capital needs, and how tough the rules are. Add in the cost of paying for permits, getting help from lawyers, and setting up the business plan.
