@panor: Thank you for taking time and writing this good answer! I appreciate it! I am getting tempted to invest in this more and more.
One more question about this. Lets say the Bafin says the ETOs are securities, how difficult /what problems would this cause?
I googled this a bit and read in the law/statements from Bafin and i must say it doesn´t even sound that bad if it would be a security and you would be classified as "Finanzdienstleistungsunternehmen" (financial service enterprise). For examplef the minimum capital requirement to be an "Investment bank" ("Wertpapierhandelsbank") was a staggering LOW number of unbelievable 730.000€. You might need 2 CEO´s with experience in banking tho.
For companies that are in the placement business the minimum capital requirement is just 50.000€ - what is basically nothing.
And since your Fifth Force GmbH raised 12 Mill. euro and is backed by Private Equity giant KKR, you have good access to capital.
I was really surprised how undramatic this all sounded.
Am i overlooking something, or why is it from your perspective important/or better if the classification is "Finanzinstrumente" over securities?
One more question about this. Lets say the Bafin says the ETOs are securities, how difficult /what problems would this cause?
I googled this a bit and read in the law/statements from Bafin and i must say it doesn´t even sound that bad if it would be a security and you would be classified as "Finanzdienstleistungsunternehmen" (financial service enterprise). For examplef the minimum capital requirement to be an "Investment bank" ("Wertpapierhandelsbank") was a staggering LOW number of unbelievable 730.000€. You might need 2 CEO´s with experience in banking tho.
For companies that are in the placement business the minimum capital requirement is just 50.000€ - what is basically nothing.
And since your Fifth Force GmbH raised 12 Mill. euro and is backed by Private Equity giant KKR, you have good access to capital.
I was really surprised how undramatic this all sounded.
Am i overlooking something, or why is it from your perspective important/or better if the classification is "Finanzinstrumente" over securities?
The answer is a bit “legal”. Securities and Finanzinstrumente is not necessarily something different. Actually, securities (Wertpapiere) are a subcategory from financial instruments (Finanzinstrumente). Investment Assets (Vermögensanlagen) are a further subcategory from financial instruments. Hence, we do not mind if equity tokens are classified as financial instruments, we even advocate this. The issue is not so much the license to obtain, the issue is more that securites come with a lot of other obligations. Many of those we also do not mind, anything that is related to prospectus, publishing information etc. we even very much favor as we stand for transparency and compliance. But one requirement blockchain cannot fulfill and that is a required connection to Clearstream which is the central settlement agency for any transfer and trade of securities. Not only would it contradict the basic philosophy of blockchain of being decentralised, but it would also not be technologically possible.
One more thing - 12Mil Euro was not raised by Fifth Force. It's a capital which still belongs to investors to further use on the platform (it was just commited in the smart contract). Fifth Force is in any way in control to commited funds.