Given the difficulties with classification, BaFin doesn’t expect NFTs to comply with the licensing requirements of the Payment Services Supervision Act.
But, according to BaFin, the chance that NFT will represent a “crypto asset” is even tinier than with the investment classification, given the lack of immediate exchangeability. And a lack of standardization also spares NFTs off the “e-money” status.
Given the difficulties with classification, BaFin doesn’t expect the NFTs to comply with the licensing requirements of the Payment Services Supervision Act. And, with the exception of non-fungibles, which would fall under the financial instrument category, NFTs by now are also free of BaFin’s Anti-Money Laundering supervision. With an exception for those NFTs, which still might be considered “crypto assets” on a separate occasion.
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