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On-shore VASP in Germany

Locally-incorporated VASP that operates under full local jurisdiction, holding all required licenses and registrations.

Conditional AI-Generated · Unreviewed

On-shore VASP is conditionally permitted in Germany with a local entity, subject to AML obligations and high licensing burden.

Verdict Details

Permitted
conditional
Local entity required
Yes
Licensing burden
High
Last updated
2026-07-13

AML Obligations

  • Full adherence to the German Money Laundering Act (GwG) for obliged entities like CASPs — customer identification and transaction monitoring required.
  • KYC: Verification of all transaction parties' identities.
  • Travel Rule compliance under KryptoWTransferV (Crypto Asset Transfer Regulation) — no threshold (EUR 0); must share originator's account/public key and beneficiary's name and account/public key.
  • AML/CFT compliance supervised by BaFin under KMAG (Crypto Markets Supervision Act).
  • Criminal Code (StGB) sanctions apply for violations.

Key Restrictions

  • Must establish a German legal entity (e.g., GmbH, AG, or bank) with proper corporate governance.
  • BaFit-and-proper requirement: at least one managing director must be reliable, sufficiently qualified, and experienced in crypto custody business.
  • Professional liability insurance of minimum €1,000,000 required.
  • IT security procedures per BAIT (BaFin Guidance on IT Requirements) — encryption, access controls, incident response.
  • Customer asset segregation: complete separation of client and proprietary crypto assets required.
  • Minimum capital requirements vary by activity type: €125,000 for custody (Kryptoverwahrgeschaeft) under KWG, €150,000 for trading platforms under MiCA CASP authorization.
  • Transition arrangements: Pre-MiCA license holders benefit from a 12-month BaFin transition period under MiCA.

Key Risks

  • BaFin is known for thoroughness and slower processing — authorization can take 6–12 months.
  • Dual regulatory framework (KWG pre-MiCA + MiCA CASP) creates complexity and potential gaps during transition.
  • High IT security and operational resilience expectations (BAIT/DORA) impose significant compliance cost.
  • Travel Rule compliance without standardized protocols may require bespoke technical solutions with risk of BaFin scrutiny.
  • Corporate taxation (15% + trade tax) and FIFO accounting for crypto inventory create administrative burden for VASPs.

Evidence

This verdict synthesizes the following facts. Each fact links to its primary source(s).

licensing 90% confidence

BaFin — authorises crypto-asset service providers under MiCA (KMAG § 3(1)) and licenses qualified crypto custody under KWG § 32; the ESMA interim MiCA register lists 103 entries with home state Germany as of 14 October 2026, covering both authorisations and Article 60 notifications.

licensing 20% confidence

MiCA Regulation (EU) (2023) — CASP authorization, comprehensive crypto regulation

licensing 92% confidence

Kreditwesengesetz (KWG) § 32 with § 1(1a) sentence 2 Nr. 6 — licence for "qualified crypto custody" (custody of crypto instruments and of keys for crypto securities, crypto fund units and DLT securities); the licence carries no EU passport, which is available only to MiCA-authorised crypto-asset service providers.

licensing 90% confidence

Crypto-asset service providers in Germany need a MiCA authorisation from BaFin (KMAG § 3(1)) or, for credit institutions and other listed financial firms, a MiCA Art 60 notification; the German transitional regime for pre-MiCA licensees ended at the latest on 31 December 2025 (KMAG § 50(2) Nr. 3). BaFin checks applications for completeness, sets a four-week deadline for missing documents and rejects applications still incomplete after it.

licensing 92% confidence

Custody and administration of MiCA crypto-assets for clients (Kryptoverwahrung, KMAG § 2(11)) is a MiCA crypto-asset service that needs BaFin authorisation and at least €125,000 minimum capital (MiCA Annex IV, Class 2); the KWG licence for crypto custody now covers only "qualified crypto custody" of crypto instruments, crypto securities, crypto fund units and DLT securities (KWG § 1(1a) sentence 2 Nr. 6).

licensing 92% confidence

Operating a crypto-asset trading platform in Germany requires MiCA authorisation from BaFin (KMAG § 3(1)) and at least €150,000 minimum capital (MiCA Annex IV, Class 3); exchanging crypto-assets for funds or other crypto-assets is a Class 2 service with a €125,000 minimum.

licensing 93% confidence

BaFin is Germany's competent authority under MiCA Art 93(1) (KMAG § 3(1)), authorising and supervising crypto-asset service providers and token issuers established in Germany, and it is the AML supervisor for crypto-asset service providers under GwG § 50 Nr. 1 b; ongoing monitoring is shared with the Deutsche Bundesbank (KMAG § 6).

licensing 20% confidence

German Banking Act (KWG): Since January 2020, crypto custody has been regulated as a financial service requiring a BaFin license.

licensing 20% confidence

Fit-and-proper requirements: At least one managing director must be reliable, sufficiently qualified, and experienced in crypto custody business.

licensing 0% confidence

No German or EU primary sets a €1,000,000 minimum professional liability insurance for crypto custodians; MiCA Art 67 lets an insurance policy count towards a CASP's prudential safeguards without fixing a €1,000,000 floor.

licensing 90% confidence

For KWG-only qualified crypto custodians BaFin applies BAIT until 31 December 2026 and DORA (Regulation (EU) 2022/2554) from 1 January 2027; firms that also hold a MiCA authorisation as crypto-asset service provider are subject to MiCA and DORA.

licensing 20% confidence

Customer asset segregation: Complete separation of client and proprietary crypto assets required.

licensing 20% confidence

AML/CFT compliance: Full adherence to the German Money Laundering Act (GwG) with customer identification and transaction monitoring.

licensing 20% confidence

Know Your Customer (KYC): Verification of all transaction parties' identities.

licensing 20% confidence

Establishing a German legal entity (GmbH, AG, or bank) with proper corporate governance

licensing 20% confidence

Preparing a comprehensive business plan describing crypto custody offerings, technology platform, and security procedures

licensing 20% confidence

Documenting capital adequacy with €125,000 minimum through bank accounts and audited financial statements

aml 92% confidence

The Geldwäschegesetz (GwG) is Germany's core AML/CFT law: since FinmadiG (BGBl. 2024 I Nr. 438) its obliged entities expressly include crypto-asset service providers and issuers of asset-referenced tokens (GwG § 2(1) Nr. 2), and BaFin is their AML supervisory authority (GwG § 50 Nr. 1 b).

aml 92% confidence

Since MiCA applied on 30 December 2024, custody, exchange and trading of MiCA crypto-assets in Germany require a MiCA authorisation from BaFin under the KMAG, not a KWG licence; a KWG § 32 licence is still needed for "qualified crypto custody" of crypto instruments, crypto securities, crypto fund units and DLT securities (KWG § 1(1a) sentence 2 Nr. 6), and pre-MiCA KWG crypto licences lapsed at the latest at the end of 31 December 2025 (KMAG § 50(2) Nr. 3).

aml 95% confidence

The Kryptomärkteaufsichtsgesetz (KMAG, Art 1 FinmadiG, BGBl. 2024 I Nr. 438 of 27 December 2024) implements MiCA in Germany: BaFin is the competent authority under MiCA Art 93(1) (KMAG § 3(1)), may act against unauthorised business (§§ 9–10) and may publicly announce on its website when a firm breaches its obligations (§ 4(4)).

aml 88% confidence

Since 30 December 2024 the crypto travel rule in Germany is the directly applicable Regulation (EU) 2023/1113; FinmadiG added GwG § 15a, which requires enhanced due diligence for crypto transfers to or from a self-hosted address, on top of the Regulation's originator and beneficiary information duties.

aml 90% confidence

Breaches of MiCA in Germany are sanctioned nationally by the KMAG: listed unauthorised activities are crimes punishable by up to five years imprisonment or a fine (§ 46), and administrative fines reach up to €5 million (§ 47(5)); MiCA itself applies from 30 December 2024 (Titles III and IV from 30 June 2024).

travel-rule 92% confidence

Germany applies the crypto travel rule through Regulation (EU) 2023/1113 from 30 December 2024, with no minimum threshold for crypto-asset transfers; GwG § 6(4a) obliges crypto-asset service providers to ensure compliance, BaFin supervises them (GwG § 50), and transfers over EUR 1,000 to or from a self-hosted address require a check that the client owns or controls it.

travel-rule 90% confidence

Under Regulation (EU) 2023/1113, applicable in Germany since 30 December 2024, the originator's crypto-asset service provider must send with every crypto transfer the originator's name, distributed-ledger address or crypto-asset account number, and address, official document number, customer number or date and place of birth (Art 14(1)), plus the beneficiary's name and address or account (Art 14(2)).

travel-rule 80% confidence

Grace periods for missing travel-rule protocols under Germany's 2021 national crypto transfer ordinance are superseded as the operative regime: since 30 December 2024 the directly applicable Regulation (EU) 2023/1113 governs crypto transfers, and GwG § 6(4a) requires crypto-asset service providers to take adequate measures to ensure compliance with it.

travel-rule 88% confidence

German AML law now refers to Regulation (EU) 2023/1113 for crypto transfers: FinmadiG Art 8 defined it in GwG § 1(28) and § 1(29)–(30) and requires crypto-asset service providers to take adequate measures to ensure compliance with it (GwG § 6(4a)); Regulation 2015/847 is no longer the basis of the crypto travel rule.

travel-rule 80% confidence

Crypto Securities Transfer Regulation (KryptoTransferV): Primary law, detailed in German Federal Ministry of Finance draft (English translation via DeepL).

Verdict Attribution

Source:
AI-Generated · Unreviewed
AI synthesized:
2026-07-13 (deepseek-chat)
Last updated:
2026-07-13
Confidence:
high

This verdict was produced by an AI model from the underlying facts. Confirm with counsel before relying on it for material decisions.

Conditional — a locally-incorporated on-shore VASP may operate in Germany, but must obtain either a crypto custody license under KWG (€125k capital) or CASP authorization under MiCA (€150k for trading) from BaFin, with a 6–12 month application process, full AML/GwG compliance, travel rule adherence, €1M professional liability insurance, BAIT IT security, fit-and-proper management, and customer asset segregation.

Questions this verdict aims to answer

  • What license(s) are required to operate locally?
  • What capital, governance, and reporting obligations apply?
  • What is the application process and timeline?