German Law on the Digitalization of the Financial Market (FinmadiG) Finally Adopted by the Bundestag
In an unexpected turn of events, and a bit like an early Christmas gift, the Bundestag approved the…
ESMA Consultation Paper: Guidelines on funds’ names using ESG or sustainability-related terms
On 18 November 2022, the European Securities and Markets Authority (ESMA) issued for consultation draft guidelines on funds’…
Commission proposal to amend the EU Directive on consumer rights in respect of distance contracts for financial services
On 11.05.2022, the EU Commission published a proposal for a directive concerning distance contracts for financial services. The…
Crowdfunding Regulation (ECSPR) and tied agent: does it fit together and if so, how?
The Crowdfunding Regulation (ECSPR – European Crowdfunding Service Provider Regulation) has now been in force since November 2021,…
BaFin’s latest adjustments to the MiFID conduct of business obligations
According to the newly amended FAQ of the German Federal Financial Supervisory Authority (BaFin) on the MiFID II…
Cross-border distribution of funds | ESMA guidelines on marketing communications
On 27 September 2021, BaFin announced that it is applying the guidelines on marketing communications published by ESMA…
BaFin Consultation 13/2021: Directive for Sustainable Investment Funds
On 2 August 2021 – just in time for the entry into force of most of the amendments…
Strengthening Germany as a fund jurisdiction and promoting start-ups through the Fund Jurisdiction Act
On 22 April 2021, the Fund Jurisdiction Act (Fondsstandortgesetz – FoStoG)[1] was passed by the German parliament (Bundestag).…
New supervisory regime for investment firms through the WpIG
According to the government draft, investment firms will be subject to a completely new supervisory regime – the…
New authorisation requirement for financial holding companies – consequences for Fintechs
Holding companies that are at the head of a group supervised by the supervisory authority on a pooled…
Crowdfunding Regulation: The licensing procedure for crowdfunding service providers
The Crowdfunding Regulation creates a uniform set of rules for swarm funding across Europe. Among other things, direct…
Crypto Currencies & Crypto Custody Services: The Custody of Digital Assets under Investment Law
In our first part, we have already dealt with the core questions and problems related to the safekeeping…
The EBA’s consultation paper on money laundering and terrorism financing risk factors – changes for e-money issuers?
The European Banking Authority (“EBA”) published a new consultation paper in February 2020 on revised guidelines on money…
Cryptocurrencies & crypto custody services: the custody of digital funds
Until recently, German law makers had not yet really regulated cryptocurrencies and crypto services. Cryptocurrencies in particular were…