According to Bafin, NFTS are not yet securities

Von Krypto News Österreich

Mehrere Gerichtsbarkeiten auf der ganzen Welt haben ihre Bemühungen zur Regulierung der Branche für digitale Vermögenswerte verstärkt. Auch in Deutschland hat die Finanzaufsicht Leitlinien zur aufsichtsrechtlichen Behandlung von Kryptowährungen herausgegeben, unter anderem zum Zwecke der Bekämpfung von Geldwäsche und Terrorismusfinanzierung. Es war proaktiv beim Erlass von Rechtsvorschriften zu Aspekten wie der Initiale coin Angebote, Security Token Offerings sowie dezentrale Apps (dApps). Während die rechtlichen Grauzonen von NFTs noch reglementiert werden müssen, hat Deutschland erste Schritte unternommen, um auch hier Klarheit zu schaffen. BaFin zu NFTs Die Bundesanstalt für Finanzdienstleistungsaufsicht (BaFin) hat bestätigt, dass nicht fungible Token (NFTs) keine Wertpapiere sein …
Several jurisdiction around the world has reinforced their efforts to regulate the industry for digital assets. In Germany, too, the financial supervision has published guidelines for the supervisory treatment of cryptocurrencies, among other things for the purpose of combating money laundering and terrorist financing. It was proactive when issuing legal regulations on aspects such as the initial coin offers, security token offerings and decentralized apps (DAPPS). While the legal gray areas of NFTS still have to be regulated, Germany has taken the first steps to create clarity here too. Bafin to NFTS The Federal Financial Service Supervisory Authority (BaFin) has confirmed that there are no funding (NFTS) ... (Symbolbild/KNAT)

Several jurisdiction around the world has strengthened their efforts to regulate the industry for digital assets. In Germany, too, the financial supervision has published guidelines for the supervisory treatment of cryptocurrencies, among other things for the purpose of combating money laundering and terrorist financing.

It was proact when issuing legal provisions on aspects such as the initial coin offers, security token offerings and decentralized apps (DAPPS). While the legal gray areas of NFTS still have to be regulated, Germany has taken the first steps to create clarity here too.

bafin to nfts

The Federal Financial Supervisory Authority (BaFin) has confirmed that there cannot be a securities (NFTS). In a recently published declaration, the officials argued that tokens who only refer to ownership of a digital asset for speculation purposes were not considered an investment instrument.

She claimed that NFTS have so far not shown any similar characteristics such as financial values ​​such as stocks and debt titles, which makes it impossible to be considered securities in the regulatory sense.

"So far, no NFTs are known to be classified as securities in the supervisory sense."

The regulatory authority also added that NFT could be classified as securities in the future. It also wrote that

"If NFTS are to be classified as securities as securities in accordance with the EU Prospect Ordinance or as investments in accordance with the asset investment law (VermanLG), a prospectus must always be created."

In Europe, all eyes are directed towards the mica. The final vote on the highly expected crypto regulation of the EU-the markets in Crypto Assets (Mica) Ordinance, which was postponed to April 2023, is the first extensive Europe-wide crypto framework. Provisions for NFTs were excluded.

Last summer, the European Commission consultant, Peter Kerstens, indicated that NFT issuers could possibly be equated with providers of crypto-asset services, which obliges to submit regular reports on their activities at the European securities and market supervisory authority to their local governments.

China's regulatory framework for NFTS

While China banned crypto trading and prevented the mining, NFTs were not classified as potentially risky financial instruments. In fact, the ecosystem has managed not only to survive in a regulatory gray area, but also to thrive.

The country's ongoing “Two Sessions” - which happen to be the most important annual political meeting - with the Member of Parliament Feng Qiya aim to suggest a regulatory framework for NFTS.

A local medium reported that the focus on the introduction of a clear legal definition of digital collector's pieces, the introduction of market access rules for trading platforms and the improvement of copyright protection for NFTS would be.

.