Close Menu
Crypto Valley Journal
    Facebook X (Twitter) Instagram
    Crypto Valley Journal
    • Hot Topics
      • News
      • Minds
    • Focus
      • Background
      • Blockchain
      • Legal & Compliance
      • Non-Fungible Token (NFTs)
    • Investing
      • Markets
      • Financial Products
      • Decentralized Finance (DeFi)
      • Exchange overview
    • Education
      • Basics
      • Glossary
      • Politicians on crypto
    • Statistics
      • Bitcoin-ETF-Flows
      • Ethereum-ETF-Flows
      • Crypto market data
      • On-chain data
    • Academy
      • Overview
      • Part 1: Blockchain
      • Part 2: Money
      • Part 3: Bitcoin
      • Part 4: Cryptocurrencies
      • Part 5: Decentralized Finance
      • Part 6: Investing
    • English
      • Deutsch
    Crypto Valley Journal
    You are at:Home » Focus » Legal & Compliance » German Federal Financial Supervisory Authority defines new depositary law for foreign companies
    law

    German Federal Financial Supervisory Authority defines new depositary law for foreign companies

    By Editorial Office CVJ.CH on 26. February 2020 Legal & Compliance

    The Federal Financial Supervisory Authority (BaFin) in Germany is currently clarifying how the newly defined law can be applied to companies regarding the safekeeping of crypto-currencies. Companies that would be affected are one’s subject to foreign jurisdictions but serve the German market.

    In a guideline published in January, the regulatory authority announced that companies that have already held digital assets for Germans do not have to fear punishment for not having a license. For the time being, these companies will receive the same protection as companies based in Germany.

    Those intending to apply for a licence must do so by the end of March

    This means that these companies must announce their intention to apply for a licence by 31 March at the latest. They must then continue to apply for a licence until 30 November at the latest. For those crypto companies that have not kept any crypto-currencies for German customers before January 1st, but want to expand into the German market, this means that they will not be able to start their business until they receive the said license.

    Carola Rathke, Partner at Eversheds Sutherland Germany confirmed that nobody has the possibility to apply directly. Eversheds Sutherland is working directly with BaFin to enforce the law using so-called grandfathering mechanisms.

    Recommendation to submit the application well before the deadline

    Despite the deadline of November 30, Rathke emphasizes that crypto companies should apply long before November. By the deadline, only complete applications that do not leave any questions of the supervisory authority unanswered will be considered. The German law is a response to an anti-money laundering directive of the European Union, which requires crypto companies to comply with the extended Know-Your-Customer (KYC) and Anti-Money-Laundering (AML) requirements.

    Problematic for companies newly entering the German market

    Companies that have not yet been entrusted with German financial supervision could face problems as a result of this process. Sven Hildebrant, head of the Distributed Ledger Consulting Group, is not enthusiastic about the new legislation: “A law is passed quickly, then it turns out to be not very clever and as soon as the law comes into force, an administrative practice will be established“. Furthermore, Hildebrant suspects that guidelines will appear within the next three to five weeks based on concrete applications.

    Share. Facebook Twitter LinkedIn Email Telegram WhatsApp

    About the author

    Editorial Office CVJ.CH
    • Website
    • Twitter
    • LinkedIn

    Since 2018, the editorial team at Crypto Valley Journal has been reporting from Zug - the heart of Switzerland’s Crypto Valley - on Bitcoin, cryptocurrency, blockchain, and regulatory developments in digital assets. Behind the publication’s collective editorial voice is a team of writers with backgrounds in financial markets, law, and technology.

    Related Articles

    Liquidity depth, custody controls, latency, capital efficiency and dedicated support decide which venues institutional traders actually approve.

    5 infrastructure requirements institutional traders demand from crypto venues

    Judge Failla has pushed the Roman Storm trial to April 2027, because she has not yet ruled on the Tornado Cash developer's acquittal motion.

    Tornado Cash: Roman Storm trial delayed to April 2027

    Coinbase-backed lobbying group Stand With Crypto endorses 32 House incumbents who voted for the Clarity Act, now stalled in the US Senate.

    Stand With Crypto backs 32 midterm House candidates

    Bitcoin near USD 78,000 and stablecoin supply above USD 300 billion shape the crypto market outlook heading into Q4 2026.
    2. September 2026

    The signals to watch: a crypto market outlook for Q4 2026

    21 institutions, among them Goldman Sachs, UBS and Deutsche Bank, want to issue a bank-owned dollar stablecoin in the first half of 2027.
    2. September 2026

    Major banks plan joint dollar stablecoin for 2027

    The Q2 2026 13F filings show USD 87.4 million in XRP ETFs at Goldman Sachs, after the bank had exited almost entirely in the prior quarter.
    1. September 2026

    Goldman Sachs becomes largest holder of spot XRP ETFs

    twitter image button instagram image button linkedin image button youtube image button

    About Crypto Valley Journal
    About Crypto Valley Journal

    On the pulse of the movement

    • Academy
    • Contact
    • Advertising
    • About us
    • Partner
    • Imprint
    • Privacy
    • Disclaimer
    Search

    Type above and press Enter to search. Press Esc to cancel.