Crypto license services / Jurisdictions
Crypto license services / Jurisdictions
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Crypto license services / Legal & Structuring
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Tokenization Services
Gambling license services / Jurisdictions
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Crypto License
Prepare your CASP application for BaFin under MiCA
Fact Checked by: Mark Gofaizen
Service Snapshot
Gofaizen & Sherle prepares crypto service businesses for German authorization.
We support applications to BaFin, Germany’s financial supervisor, for crypto-asset service provider (CASP) authorization under the EU Markets in Crypto-Assets Regulation (MiCA or MiCAR). Approval covers specific services. Eligible regulated institutions may use Article 60 notification.
May fit
May not fit
Different Perimeter: Issuing tokens and handling financial instruments require classification beyond a CASP application
| Regulatory Route | Legal Route | Authority | Output | Limitation |
|---|---|---|---|---|
| Crypto service applicant | Articles 59/63 authorization | BaFin | Approved services | Only authorized activities |
| Eligible financial institution | Article 60 notification before starting | BaFin | Category-limited service rights | Electronic money institutions: custody/transfer of their own EMTs only; payment institutions are not a category |
| Token issuance | Issuer rules | Depends on token category | Issuer obligations | CASP approval does not authorize issuance |
| Financial instruments | Markets in Financial Instruments Directive (MiFID II) rules | Depends on activity | Investment permission | Outside MiCAR’s crypto-service regime |
| Payment services | Payment-services rules | Depends on activity | Permission or authorized provider | CASP approval does not replace payment permission |
Gofaizen & Sherle supports your application by:
Assessment & Structuring
Documentation & Compliance
ICT Readiness
Regulatory Interaction
You provide accurate information and implement controls. BaFin decides which services you may provide. German counsel or partner tasks require agreement.
Application support within agreed scope
Prudential safeguards are resources the company must maintain to cover risks, rather than fees paid to the regulator.
Gofaizen & Sherle assesses your activities, entity and existing permissions, then agrees the route and work.
You establish the organization and implement controls while we prepare documents. Tasks can run in parallel.
You file the application or notification with our support.
BaFin reviews it
Missing information requires a response before the relevant review can proceed.
Approval permits only its stated services. Following refusal, address the reasons before pursuing another application.
Launch within permitted rights. Complete cross-border notification when needed.
Ownership & Management
Ownership, ultimate beneficial owners, managers and establishment
Business Model & Tech
Services, transaction flows, markets and technology,
business plan and three-year forecasts
Compliance & Resources
Financial resources, AML/customer-identification procedures, ICT, outsourcing, safeguarding and complaints documents
Project assessment
Structuring & Classification
Documentation
Implementation support
Preparation depends on your information and controls; banks and technology providers set their schedules.
Article 63
acknowledgment within 5 working days of receipt; completeness check within 25 working days. Assessment takes 40 working days from a complete application; decision notification follows within 5 working days of the decision.
Article 60
notify at least 40 working days before starting. BaFin checks completeness within 20 working days; a request for missing information can pause the 40-day period for up to 20 working days. Later requests add no pause. Incomplete notification prevents launch.
Article 65
authorized cross-border services may start 15 calendar days after notification or earlier communication of forwarding.
A necessary-information request by assessment working day 20 may suspend assessment for up to 20 working days. Later requests add no suspension. Initial incompleteness has no universal 20-day remedy limit.
Effective from
Regulatory Framework
MiCAR Title V sets the EU CASP rules. Germany’s crypto-market supervision law (KMAG) governs national supervision.
The Digital Operational Resilience Act (DORA) addresses ICT risk; Germany’s Money Laundering Act (GwG) governs AML duties. The Transfer of Funds Regulation (TFR) requires information about senders and recipients.
Article 63 applicants need:
Safeguards may combine qualifying own funds with appropriate insurance or a comparable guarantee. These resources need not all be share capital. Client assets cannot replace them.
| Item | Status |
|---|---|
| CASP regime | MiCAR applies by service and route |
| German transition | MiCAR transition ended by December 31, 2025; German Banking Act (KWG) permission is not automatic MiCA authorization |
| Application standards | Regulation 2025/305 specifies information; 2025/306 provides forms/templates |
| Official registers | Check the entity, permitted services and withdrawal status in ESMA and national records |
For German limited companies (GmbH/AG) in 2026, corporate income tax is 15%, plus solidarity surcharge of 5.5% of that tax and municipal trade tax. Entity, municipality, activities, staff and cross-border flows affect tax planning.
Confirm service rights before launch. Under KMAG section 9, BaFin may order unauthorized activities to cease and be wound down.
Banks and payment providers decide independently whether to accept you.
They examine beneficial owners, funding sources, flows, markets, counterparties and risk. CASP authorization does not guarantee an account. Distinguish company funds, client fiat and crypto assets in your arrangements. Payment services need applicable permission or an authorized provider; not every crypto transfer is a payment service.
Choose where you can genuinely operate and manage the business under Article 59. MiCA provides common service and safeguard rules.
| Jurisdictions | Regulator | Fit | Operational Burden | Passporting | Limitation |
|---|---|---|---|---|---|
| Germany | BaFin | German service operations | Governance and controls | Article 65 | Approved services only |
| Netherlands | AFM/DNB | Dutch operating base | AFM filing, DNB prudential matters | Article 65 | Roles depend on activity |
| France | AMF | French operating base | MiCA governance and controls | Article 65 | Common EU requirements still apply |
| Spain | CNMV | Spanish service operations | Distinguish service/issuer responsibilities | Article 65 | Banco de España supervises asset-referenced token (ART) and EMT issuers |
| Lithuania | Bank of Lithuania | Lithuanian operating base | National forms and annexes | Article 65 | National rules still apply. |
| Estonia | Finantsinspektsioon | Estonian operating base | Portal filing; application in Estonian | Article 65 | Identify documents submitted in English |
Passporting covers authorized services after notification. The home authority forwards information within 10 working days.
Only approved crypto services; token issuance and financial instruments require separate assessment.
Article 59 requires authorization; Article 60 permits eligible financial institutions’ category-limited services after notification.
Yes, subject to ownership checks, an office where services occur, EU effective management and at least one director resident in the EU.
Article 67 safeguards use the higher of €50,000/€125,000/€150,000 by class and one-quarter of the preceding year’s fixed overheads, not a regulator fee.
Ownership, managers, operations, resources and controls; supporting documents depend on the requested services.
40 working days from a complete application, subject to the information-request suspension; preparation and completeness review add time.
Yes, within authorized scope, 15 calendar days after Article 65 notification or earlier communication of forwarding.
Applicable AML, transfer-information, DORA, safeguarding, governance and service-specific controls continue throughout operations.
No. The bank conducts its own checks; payment permissions remain a separate question.
Entity, municipality, activities, staff and cross-border flows determine the tax analysis.
Client Testimonials
We at Invity and SatoshiLabs as a whole were extremely pleased with the legal support provided by Gofaizen & Sherle in establishing our virtual assets business in Lithuania. Their expertise and thorough understanding of the virtual assets landscape were invaluable, ensuring that every aspect of our setup was compliant and robust. The team's professionalism and dedication made the entire process seamless and stress-free. We highly recommend Gofaizen & Sherle for their legal services in the virtual assets sector.
Jan Chudoba
Head of Legal Invity
Case study
Services Provided: Global licensing strategy, Canada MSB company setup, compliance documentation, AML/KYC frameworks, HR & governance support, quarterly AML reporting, El Salvador DASP incorporation & licensing, and ongoing regulatory maintenance.
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