NFT сè уште не се хартии од вредност, според германскиот BaFin

Several jurisdictions across the world have bolstered efforts to regulate the digital assets industry. In Germany, too, the financial regulator issued guidelines on the regulatory treatment of cryptocurrencies, including for the purpose of anti-money laundering and terrorist financing.

It has been proactive in issuing legislation on aspects such as initial coin offerings, security token offerings as well as decentralized apps (dApps). While regulations are yet to touch upon the legal gray areas of NFTs, Germany, for one, has taken the first steps to bring about some clarity in this space as well.

BaFin on NFTs

The German Financial Supervisory Authority (BaFin) confirmed that non-fungible tokens (NFTs) cannot be securities. In a recently released изјава, the officials argued that tokens designating ownership of a digital asset for speculation only do not qualify as an investment instrument.

It maintained that NFTs, so far, have not demonstrated features similar to financial securities like stocks and debt instruments, which makes it impossible to be deemed securities in a regulatory sense.

„Досега, BaFin не знае за какви било NFT кои треба да се класифицираат како хартии од вредност во регулаторна смисла“.

The regulator, however, also added that NFT could be classified as a security in the future. It also wrote,

„Ако NFT треба да се класифицираат како хартии од вредност според Регулативата за проспектот на ЕУ или како инвестиции според Законот за инвестиции во средства (VermAnlG), секогаш мора да се подготвува проспект.

In Europe, all eyes are on the MiCA. The final vote on the EU’s much-anticipated set of crypto rules – Markets in Crypto Assets (MiCA) regulation, which was одложен to April 2023, is being touted as the first comprehensive pan-European crypto framework. Provisions for NFTs have been excluded from it.

However, last summer, European Commission Adviser Peter Kerstens Навести that NFT issuers could potentially be equated to crypto asset service providers, which will require them to submit regular accounts of their activities to the European Securities and Markets Authority at their local governments.

China’s Regulatory Framework for NFTs

While China banned crypto trading and clamped down on mining, NFTs have not been classified as potentially risky financial instruments. In fact, the ecosystem has managed to not only survive but also flourish in a regulatory gray area.

The nation’s ongoing “Two Sessions” – which happens to be the most important annual political gathering – with parliament member Feng Qiya, is looking to propose a regulatory framework for NFTs.

Локален медиум пријавени that the focus will be to roll out a clear legal definition of digital collectibles, present market access rules for trading platforms, and improve copyright protection for NFTs.