ការប្រយុទ្ធសម្រាប់ចំណាត់ថ្នាក់បទប្បញ្ញត្តិនៅក្នុងពិភពគ្រីបតូ

Non-fungible tokens (NFTs) do not qualify as securities, according to a សេចក្តីថ្លែងការណ៍ released by the German Financial Supervisory Authority (BaFin).

BaFin officials argued that NFTs, which only designate ownership of a digital asset for speculative purposes, cannot be considered investment instruments.

NFTs vs. Securities

BaFin maintained that NFTs lack features similar to traditional financial securities, such as stocks and debt instruments, which means they cannot be classified as securities from a regulatory standpoint. As of now, BaFin has not identified any features in NFTs that would change this classification.

"រហូតមកដល់ពេលនេះ BaFin មិនទាន់ដឹងពី NFTs ណាមួយដែលត្រូវចាត់ថ្នាក់ជាមូលបត្រក្នុងន័យបទប្បញ្ញត្តិនោះទេ។"

The regulator noted that there is a possibility that NFTs could be classified as securities in the future. Additionally, it stated:

"ប្រសិនបើ NFTs នឹងត្រូវបានចាត់ថ្នាក់ជាមូលបត្រនៅក្រោមបទប្បញ្ញត្តិស្តីពីការព្យាករណ៍របស់សហភាពអឺរ៉ុប ឬជាការវិនិយោគក្រោមច្បាប់វិនិយោគទ្រព្យសកម្ម ( VermAnlG ) សៀវភៅណែនាំត្រូវតែត្រូវបានរៀបចំជានិច្ច។"

Focus in Europe is now on the Markets in Crypto Assets (MiCA) បទប្បញ្ញត្តិ, which is considered the first comprehensive pan-European crypto framework. Although the final vote on MiCA was delayed until April 2023, it does not currently include provisions for NFTs.

អាន​បន្ថែម: អឺរ៉ុបអាចដឹកនាំការប្រណាំងបទប្បញ្ញត្តិគ្រីបតូជាមួយ MiCA

Last summer, Peter Kerstens, an adviser to the European Commission, suggested that NFT issuers could be classified as crypto asset service providers, which would require them to regularly report on their activities to the European Securities and Markets Authority through their local governments. This hints at the possibility of future regulation for NFTs under MiCA or other similar frameworks.

European Crypto Regulatory Environment

The regulatory environment for cryptocurrencies is constantly evolving as governments and financial institutions try to manage the risks and opportunities associated with digital assets.

នាពេលថ្មីៗនេះ Financial Action Task Force (FATF) Plenary in Paris, over 200 representatives from various jurisdictions participated in discussions aimed at setting and establishing rules for certain crypto activities. Meanwhile, the French National Assembly has approved a bill to bring local legislation in line with proposed EU standards for crypto-related activities.

នេះ វិក័យប័ត្រ is currently awaiting approval or return by President Emmanuel Macron before March 16. If passed, the new guidelines will apply to newly registered entities offering crypto services from July 2023. Existing entities must comply with the regulations of the Financial Markets Authority until the Markets in Crypto Assets (MiCA) regulation is passed.

With the regulatory landscape for cryptocurrencies and digital assets constantly evolving, governments and financial institutions grappling to balance risk management and the opportunities presented by these assets will continue to face tough choices, and even tougher definitions.