Eternity Law International News Germany’s Cryptocurrency Regulations

Germany’s Cryptocurrency Regulations

October 25, 2022

Germany is a powerful economic force and a highly developed participant in the European Union with the fourth-largest world GDP. Following crypto regulation in Germany, both physical and juridical persons are allowed to acquire, sell, and keep cryptoassets. So, to be the owner of the licensing company you should know properly the regulation of Crypto Businesses in Germany.

Who controls German crypto?

BaFin (Bundesanstalt für Finanzdienstleistungsaufsicht) is a crypto regulatory power in Germany. It is in charge of policing the finance industry (payment entities, EMIs and investment service providers). As part of its duties, BaFin takes legal action against businesses engaging in activities that need a license but are being conducted without one. BaFin oversees companies that are under its control and issues the necessary licenses.

Cryptocurrency Regulations in Germany

  • for Custodian

Foreign or native organizations that want to offer to control digital holdings have to request permission from BaFin.

Crypto custodians are clarified as acting in the capacities of administration, custody, and security of the keys needed to keep and transfer cryptoassets.

Any company that supports cryptotrading has to this hold a BaFin license.

The German crypto is:

  • the value that is represented in electronic form;
  • not backed or guaranteed by state entities or banks;
  • do not have the legal standing of currency;
  • based on a contract or established custom, recognized as a form of exchange or payment, or used for investing;
  • can be electronically transmitted, retained, and exchanged.

The widespread acceptance of cryptoassets is accelerated by this new rule. Nevertheless, custodians have to additionally apply for a bank license if they are providing storage of cryptos that BaFin has determined to be financial safe guarantees.

  • for Bourse

Bourses in Germany must seek a license with BaFin if they are going to deal with individuals or legal organizations.

  • for Bitcoin Automated Teller Machines

BaFin has tightened the rules governing running kiosks that let users pay with cash or a debit card to buy cryptos. owners must now obtain a license from BaFin to do so.

Licensing gives it possible to have a presence in the marketplace while being safeguarded from scammers and fraud.

German standards for cryptoassets

Germany strictly complies with all EU AML and counter-terrorism financing rules as a participant of the EU. Germany also adheres to strict RBA guidelines, including EDD and KYC standards.

To know more about crypto in Germany and how it works there, we recommend contacting our specialists.

You can see our current offers in the categories “Cryptocoins and licensing of cryptocurrency operations”, “Ready-made companies”, “Banks for sale” and “Licenses for sale”.

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