Mar 09, 2023

BaFin Suggests Case-by-Case Classification of NFTs

The Federal Financial Supervisory Authority of Germany (BaFin) has recently released an explanatory note that considers the legal classification of nonfungible tokens (NFTs). BaFin is not ready to classify NFTs as securities yet, but suggests a case-by-case approach.

NFTs are digital assets that represent ownership of a digital item, such as artwork or music. They are unique and cannot be replaced, unlike traditional fungible tokens, which can be exchanged for the same amount of value.

BaFin is not yet convinced that NFTs meet the criteria of tradeability and standardization, which define securities. However, the agency may consider NFTs as securities in the future, for example, if 1,000 NFTs embody the same repayment and interest claims.

The agency also recommends a case-by-case approach to the classification of NFTs when it comes to their status as a “crypto asset.” They are unlikely to meet the criteria of immediate exchangeability, and a lack of standardization also spares NFTs off the “e-money” status.

BaFin does not expect NFTs to comply with the licensing requirements of the Payment Services Supervision Act, and they are also free of BaFin’s Anti-Money Laundering (AML) supervision. There is an exception for those NFTs, which might still be considered “crypto assets” on a separate occasion.

A survey conducted by the metaverse platform Metajuice found that almost three out of four of the NFT collectors purchase NFTs for status, uniqueness and aesthetics, and only 13% percent of the survey participants said that they are buying NFTs to resell them in the future.

With the growing popularity of NFTs, more and more businesses are trying to tap into this space. NFT marketing is becoming increasingly popular, and many companies are looking for ways to promote their NFTs and reach a wider audience. Twitter is one of the most popular platforms for NFT marketing, and many agencies are offering services to help businesses create and execute effective NFT marketing campaigns.

NFTs have the potential to revolutionize the way we think about digital assets, and BaFin’s case-by-case approach to their classification is a step in the right direction. With the right guidance, businesses can capitalize on the potential of NFTs and use them to promote their products and services.

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