Crypto custody business – unnecessary “gold plating” or greater legal security?
Since the beginning of the year, crypto custody business (Kryptoverwahrgeschäft) has "officially" joined the club of regulated financial services. For the first time, Germany’s Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht – “BaFin”) has now commented on what it considers to be the decisive questions for crypto-custodians (Kryptoverwahrer) and those who want to become one. In its new guidance notice, BaFin has published information on crypto-regulation and given some indications of its administrative practice to be expected in this respect. However, it seems worth discussing whether this will result in increased legal security for all parties involved. Even after reading BaFin’s guidance notice, a question remains open: BaFin licence, yes / no / maybe?