- They found no signs of investment in them.
- But they warned that the position of the regulator may change
German financial regulator BaFin warnedthat NFTs could start scrutinizing NFTs if other countries implement such a procedure. But so far they see no reason to classify them as securities.
“So far, BaFin is not aware of any NFTs that need to be classified as securities in the regulatory sense.”
They added that the art token could theoretically be profitable. But this is not a sufficient reason to classify NFTs as an investment sector.
By default, NFT is also not subject to AML (anti-money laundering) requirements. As BaFin points out, specific AML requirements only need to be met if digital assets fall under financial services. For example, if the NFT represents part of bonds or other securities, part of investments in gold, etc.
Germany admits that so far they do not have a unified approach to regulating NFTs. This is due to the fact that this technology offers many use cases.
But the regulator believes that the risk of money laundering through NFTs is “extremely high” as the tokens have great potential in the financial sector.
BaFin does not exclude that in the future their position may change, and some NFTs will receive the status of securities. But for this it is necessary to carefully study the issue and discuss with lawyers.
Recall that a court in the United States recently defined NFTs from Dapper Labs as securities.
