As a trust company, Digital Cash GmbH has employed with its partners rigorous policies, regulatory oversight and security standards to help ensure that its digital assets share the same robust frameworks and time-tested guardrails inherent to traditional assets.
Digital Cash GmbH operates under the jurisdiction of the Federal Republic of Germany. Independent legal opinions and advise by the law firms ANNERTON and YPOG guarantee the lawful exercise of operations within the mentioned jurisdiction.
Legal opinion on the classification of the DCE
The blockchain-specialized law firms ANNERTON and YPOG have provided independent legal opinions which cumulate in the same results confirming the approach planned by the Digital Cash GmbH. The law firms assessed whether the Digital Cash Euro Token qualifies as e-money within the meaning of the German Payment Services Supervision Act (Zahlungsdiensteaufsichtsgesetz, “ZAG”) or as a financial instrument within the meaning of the German Banking Act (Kreditwesengesetz, “KWG”) or the German Securities Institutions Act (Wertpapierinstitutsgesetz, “WpIG”).
The results to the question are described in following excerpt:
The Digital Cash Euro Token does not meet the requirements of e-money as it is not intended to be issued against payment of a sum of money. Therefore, an issuance against and a re-exchange for cryptocurrencies such as Ether and Bitcoin, which do not qualify as e-money themselves, is permissible without Digital Cash GmbH (“Digital Cash”) needing a licence as an e-money institution to operate the e-money business.
The Digital Cash Euro Token is a financial instrument within the meaning of section 1(11) of the German Banking Act (“KWG”), as it qualifies both as a crypto-value within the meaning of section 1(11) no. 10 KWG and as a unit of account within the meaning of section 1(11) no. 7 2nd Alt KWG. For the issuance of such crypto securities, which can be used as a medium of exchange, as well as for units of account, no banking licence is required. In addition, no securities prospectus or sales prospectus is required for the issue.
The Digital Cash Euro Token is not to be classified as a derivative within the meaning of the German Banking Act (KWG).
If third parties wish to trade or distribute the Digital Cash Euro Token, these providers require a corresponding licence pursuant to the German Banking Act or the German Securities Institutions Act (“WpIG”) for the provision of financial or securities services.
Digital Cash GmbH holds the EURO-banknotes represented by the DCE in high security vaults and guarded by the international security company Prosegur. The cash equivalent is held in premises on German soil by Prosegur Cash Services Germany GmbH. The contract in place foresees that also the DCE correspondent cash equivalent storage capacities are scalable and are not a limiting factor for growth. The amount of cash stored is fully insured throughout the whole time, which means from the pick-up at a central bank branch throughout the transport and the whole storage period.
The deposited EURO-banknotes are 100%-insured by one of the largest global insurance companies Mapfre S.A..
Security protocols are installed which guarantee that representatives of Digital Cash GmbH cannot unlawfully access the funds deposited in the vaults.
Digital Cash GmbH will engage an independent, recognized public accounting firm to conduct third-party assessments on EURO reserves to ensure full collateralization.
Digital Cash GmbH Tech Partner micobo has conducted an independent third-party audit and security review on the DCE ERC-20 smart contract.
DCE is issued on the Ethereum blockchain, allowing for near real-time transactions.
Transaction Surveillance and Monitoring
DCE is transparent and its transactions can always be monitored by market leading companies such as Chainalysis and IdentityMind. These companies are specialised on the monitoring of transactions and risk assessments to detect and prevent fraudulent activity.