Policy Reference

Germany Crypto Regulation

Explore Germany’s crypto laws, including MiCA, BaFin licensing, custody rules, taxes, AML compliance, and digital asset regulation.

Federal Financial Supervisory Authority (BaFin)
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Topic
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Law database

12 law profiles

Law / Bill
Draft Intro Committee Passed Enacted Effective
BaFin ICO and Crypto Token Classification Guidance WA 11-QB 4100-2017/0010; WA 51-Wp 7100-2019/0011; IF 1-AZB 1505-2019/0003 Effective Details Draft Draft: Completed Intro Introduced: Completed Committee In committee: Completed Passed Passed: Completed Enacted Enacted: Completed Effective Effective: Current

BaFin advisory letters on ICO token classification and prospectus and authorisation requirements for crypto-token issuance

BaFin guidance explains how Germany classifies ICO and crypto tokens case by case under securities, prospectus, investment and authorisation rules, focusing on rights, transferability and negotiability.

Last action: Dec 30, 2024 - MiCAR main application date

Germany Banking Act Qualified Crypto Custody Business Regime KWG § 1(1a) s. 2 no. 6; §§ 26b, 32, 46i, 65a Effective Details Draft Draft: Completed Intro Introduced: Completed Committee In committee: Completed Passed Passed: Completed Enacted Enacted: Completed Effective Effective: Current

Gesetz über das Kreditwesen (Kreditwesengesetz – KWG), qualified crypto custody business provisions

German Banking Act regime for BaFin-supervised qualified crypto custody of cryptographic instruments and related private keys, with segregation and insolvency allocation rules after FinmadiG.

Last action: Dec 30, 2024 - Qualified custody wording operative

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