GE – The BAFIN confirmed that NFTs cannot be securities

24/04/2023

On 8 March 2023, the German Financial Supervisory Authority (BaFin) confirmed that non-fungible tokens (NFTs) cannot be securities.

In a released statement, the officials argued that tokens designating ownership of a digital asset for speculation only do not qualify as an investment instrument. It maintained that NFTs, so far, have not demonstrated features similar to financial securities like stocks and debt instruments, which makes it impossible to be deemed securities in a regulatory sense. “So far, BaFin is not aware of any NFTs that are to be classified as securities in the regulatory sense.”