Canada    FinTech Guide    Chapter 6    Germany


6. Virtual Currency - Bitcoin
Germany  Germany

Using virtual currencies (“VC”) for the banking business is a relatively new trend. It is not yet used by most of the companies or people and the actual scope of application still has to be figured out.



Legal Affairs


In Germany a bitcoin is deemed to be a financial instrument, which is regulated according to the German Banking Act (Kreditwesengesetz – “KWG”). With regard to banking business and financial services anti money laundering and data protection regulation are also to be complied with.

Whether a license is needed in this context depends on the business model.

The costs of a license for a banking or financial service range from EUR 2,000.00 to 20,000.00 depending on the specific business model.

Among other things the resources needed for business operations, in particular sufficient initial capital consisting of Common Equity Tier 1 capital, are required to be available in Germany. In the case of investment or contract broking or portfolio management, where the service providers, in providing financial services, are not authorized to obtain ownership or possession of funds or securities of customers and who do not trade in financial instruments for their own account: an amount equivalent to at least EUR 50,000.00.

Platforms which conduct banking or financial services in the form of deposit business, portolio management or contract broking have to fulfill the funds requirements according to Art. 92 and following of Regulation (EU) 575/2013 (CRR) at all times. These are: a Common Equity Tier 1 capital ratio of 4.5%, a Tier 1 capital ratio of 6% and a total capital ratio of 8%. When calculating the capital ratios, the fixed overheads of the respective asset manager play an important role.



Economic Conditions


There are no reliable economic data as of yet.



Miscellaneous


In order to provide bitcoin services in a cost effective way in which also all legal requirements are complied with a cooperation with a fronting bank is recommended.



Contributing Authors

Schalast Rechtsanwälte mbB

Andreas Walter
Frankfurt, Germany

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Chapter Index:


1. Payment Services / Mobile Payment

2. Asset and Portfolio Management

3. Consulting and Broking Services / Robo-advisory / Auto-trading

4. Trading Platforms / Social Trading Platforms / Signal Following

5. Crowdfunding / Crowdinvesting / Crowdlending

6. Virtual Currency - Bitcoin

7. Loan Services / Factoring / Loan Broking / Finetrading

8. Online Banking Services

9. Analytics and Research / Data Management / Risk Management

10. Accounting

11. Identification

12. Online-pawning

13. InsurTech

14. RegTech

15. Initial Coin Offerings (ICOs)

Disclaimer:
The information in this guide provides a general overview at the time of publication and is not intended to be a comprehensive review of all legal developments nor should it be taken as opinion or legal advice on the matters covered. It is for general information purposes only and readers should take legal advice from a Multilaw member firm.

Publication Date: 1 August 2019