Comment: Crypto regulation

The crypto market has become and will remain an undeniable part of our financial system and Germany has become the frontrunner in regulating the market

Jochen Werne

The German Act Implementing the Amending Directive on the Fourth EU Anti-Money Laundering Directive (Federal Law Gazette I of 19 December 2019, p. 2602 (Gesetz zur Umsetzung der Änderungsrichtlinie zur Vierten EU-Geldwäscherichtlinie) has included crypto custody business in the German Banking Act (Kreditwesengesetz – KWG) as a new financial service. Since the Act came into force on 1 January 2020, undertakings wishing to provide this service are required to apply for an authorisation from BaFin.

One of the prerequisites receiving the authorisation is the proof the the managing directors of an institution must be qualified and reliable and devote sufficient time to the performance of their duties (section 25c (1) of the KWG). This also applies for the conduct of crypto custody business within the meaning of section 1 (1a) sentence 2 no. 6 of the KWG. A managing director’s lack of qualifications will constitute a ground for denial of authorisation (section 33 (1) no. 4 of the KWG).

Aside from the fact that lifelong learning is a MUST for leaders in our rapidly changing technology-driven environment, the crypto regulation Germany has opted for underscores an important point: “The crypto market has become and will remain an undeniable part of our financial system.”

It was a pleasure participating with other executives of innovation driving companies and banks at the 1st Crypto Custody Certificate Course offered by WM Seminare.

The well balanced equilibrium between theory and practise makes the course valuable. Especially the expert speakers as Dr. Carola Rathke ( Eversheds Sutherland ), Veronika (Vicky) Ferstl (TEN31 Bank AG ), Dr. Sven Hildebrandt ( DLC Distributed Ledger Consulting GmbH ), Martin Kreitmair ( Tangany GmbH ), Dr. Tim A. Kreutzmann, LL.M. (SUN) ( BVI Bundesverband Investment und Asset Management e.V. , Jacek Trzmiel ( Coinfirm ) & Christopher Zapf ( Tangany GmbH )

https://www.bafin.de/EN/Aufsicht/BankenFinanzdienstleister/Markteintritt/Kryptoverwahrgeschaeft/kryptoverwahrgeschaeft_node_en.html

MONEY IN THE DIGITAL AGE

Reflections by Jochen Werne, Chief Development & Chief Visionary Officer Prosegur Germany (published in Prosegur Express 02/2021)

In all debates on analogue and digital means of payment, “trust” is always at the centre of the discussion: trust in the state-social order, which stands as a guarantor for stability and security of the fiat money issued. In this respect, some would almost like to marvel at how Bitcoin & Co. have managed to gain such trust in such a short time that a market capitalisation in the billions has been achieved. One of the points is certainly the technological confidence in the non-manipulability of the blockchain.
But is the blockchain really not manipulable, or is it rather a question of time before an attack will succeed? And what conclusions are central banks around the world drawing from this as they look at creating central bank digital currencies? Currencies designed to bridge the gap between the stability of analogue central bank money and the demands of our digital age.

Perhaps the solution for a trustworthy and generally accepted today and now lies in a hybrid model: in a cryptocurrency, in form of a stablecoin, that is 100 per cent backed by physical central bank money. This means that every digital token has a unique physical counterpart (euro). Due to the tradability of the tokens, the flexibility of book money is paired with the guarantee of physical central bank money. Last but not least, a regulated trustee function guarantees that the existing and securely stored central bank money is always paired with its digital twin. Thus. the best of both worlds is firmly united.