Glossary · Tax & law

KMAG (German Crypto Markets Supervision Act)

Germany’s act accompanying the EU’s MiCA regulation. It makes BaFin the competent supervisor, makes providing crypto services without authorisation a criminal offence and protects crypto-assets held in custody if the provider becomes insolvent.

AlsoCrypto Markets Supervision ActKryptomärkteaufsichtsgesetz§ 45 KMAGGerman MiCA implementation act

Updated 28 September 20263 sourcesMore terms starting with K

On the learning path: Stage 5 · Step 1 – Understanding custody

The Crypto Markets Supervision Act (Kryptomärkteaufsichtsgesetz, KMAG) of 27 December 2024 supplements the EU’s GlossaryMiCA (Markets in Crypto-Assets Regulation)The EU regulation on markets in crypto-assets. Since 30 December 2024, exchanges, brokers and custodians in the EU have needed authorisation; the last transitional period ended on 1 July 2026. MiCA regulates providers, not Bitcoin itself.On the learning path: Stage 4 · Step 2 – Choosing a provider →In the glossary → regulation in Germany. MiCA applies directly in all EU member states; the KMAG covers what each country has to decide for itself – such as supervision and penalties.[1]

Key points

  • Supervision: GlossaryBaFin (Germany’s Federal Financial Supervisory Authority)Germany’s financial regulator, based in Bonn and Frankfurt am Main. In Germany, it is responsible for authorising and supervising crypto service providers under MiCA, and it warns about unauthorised offers.On the learning path: Stage 6 · Step 2 – Spotting scams →In the glossary →, Germany’s financial regulator, is responsible. It can take action against unauthorised business.[1]
  • Penalties: anyone who provides crypto-asset services without authorisation faces up to five years in prison or a fine.[3]
  • Insolvency protection (§ 45): crypto-assets a provider holds in custody for you are deemed to be yours – unless you have allowed the provider or third parties to dispose of them.[2]

What § 45 means for you

If a German custodian becomes insolvent, your bitcoin doesn’t form part of the insolvency estate; you can demand it back (known as Aussonderung, or segregation). This can take time, and § 45 doesn’t help against hacks, fraud or operating mistakes. If you use offers such as lending, the protection may not apply, because you then consent to the provider disposing of your assets.

Only GlossarySelf-custodyYou hold the private keys to your bitcoin yourself – in your own wallet rather than with a provider. Nobody can freeze your bitcoin. But nobody can help you if you lose your seed phrase and keys.On the learning path: Stage 5 · Step 1 – Understanding custody →In the glossary → gives you full control – and full responsibility. More in Understanding custody.

Related terms

These terms are closely connected.

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Sources3 sources · 1 publishers

The superscript numbers in the text refer to these sources.

  1. Kryptomärkteaufsichtsgesetz (KMAG) – Bundesministerium der Justiz (gesetze-im-internet.de), 27.12.2024 (accessed 28/09/2026)
  2. § 45 KMAG – Zuordnung verwahrter Kryptowerte, Kosten der Aussonderung – Bundesministerium der Justiz (gesetze-im-internet.de) (accessed 28/09/2026)
  3. § 46 KMAG – Strafvorschriften – Bundesministerium der Justiz (gesetze-im-internet.de) (accessed 28/09/2026)

This entry is for education only and is not investment, tax or legal advice.

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