• Mehr als 3 Millionen Wörter Inhalt
  • |
  • info@itmedialaw.com
  • |
  • Tel: 03322 5078053
Kurzberatung
Rechtsanwalt Marian Härtel - ITMediaLaw

No products in the cart.

  • en English
  • de Deutsch
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Rechtsanwalt Marian Härtel - ITMediaLaw

What are Security Tokens and what are Utility Tokens?

21. December 2022
in Blockchain and web law
Reading Time: 13 mins read
0 0
A A
0
blockchain g6a98bb217 1920

Introduction: what are tokens and what are they used for?

Content Hide
1. Introduction: what are tokens and what are they used for?
2. Which risks belong to which type of token?
3. MLM systems and sale of tokens
4. Are Fungible Tokens Subject to MiCAR?
5. Conclusion – why security tokens will become increasingly important in the future
5.1. Author: Marian Härtel

Tokens are a digital type of currency used to conduct transactions in a specific ecosystem. They are commonly used in various industries to facilitate the movement of money and goods. Tokens can also serve as digital asset and billing units. In general, it works like this: A user sends his tokens to another user or to a group of users to complete the transaction. Tokens are becoming increasingly popular and are in high demand for blockchain crowdfunding, among other things. In this type of crowdfunding, investors send their tokens to the developer of the blockchain platform to drive development and thus also “invest” in the project. However, there are different types of tokens with a wide variety of functions.

Key Facts
  • Tokens are digital currencies that are used for transactions in special ecosystems.
  • Security tokens can be regarded as securities and offer dividend payments for investors.
  • Utility tokens provide access to products or services and are not tied to assets.
  • Utility tokens are classified as vouchers for tax purposes and make it easier for companies to enter the market.
  • Security tokens are riskier due to volatile price fluctuations and regulatory uncertainties.
  • Fungible tokens are subject to MiCAR in Germany and must meet strict regulatory requirements.
  • Security tokens are changing the financial markets, offering greater transparency and new investment opportunities.

Security tokens are digital assets that are created by investing in various assets. They are usually linked to the price of the assets and can therefore be regarded as securities. Security tokens thus represent a kind of digital investment, similar to the purchase of shares or bonds. In return, investors receive dividend payments or interest payments for their investment in the respective token. Security tokens benefit companies in particular because they can use them to raise more capital than through traditional bond issuance or equity issuance mechanisms. Therefore, it is now possible for many companies to raise capital directly via security tokens to develop and test new business models.

Utility tokens are digital assets that can be used for specific purposes. It provides users with access to specific products or services on a platform or within an ecosystem, allowing them to make purchases or buy tickets to venues, for example. Utility tokens are therefore not investments, as they are not linked to the price of assets and therefore do not have to pay dividends. In addition, another benefit of utility tokens is their flexibility – custom rules can be implemented to provide users with specific benefits and function within the platform or ecosystem. Companies also benefit here by being able to set prices for products or services or award bonus points to offer customer loyalty programs.

In addition, utility tokens are generally not subject to specific regulatory requirements. Under civil law – and especially under tax law – they are more likely to be classified as vouchers. This means that a company with a utility token can get to market very quickly without too much hassle in complying with various laws and regulations. In addition, utility tokens can also be used as a means of valuation by using them as payment for specific products or services. This gives companies the opportunity to obtain information about the demand for a particular product or service and thus better align their decisions in terms of pricing, marketing strategies, etc. In today’s digitized world, utility tokens are a very helpful tool for businesses as they increase cost efficiency, create transparency and open up new opportunities for customer acquisition and retention. They can be used to create completely new ecosystems and develop innovative business models.

However, the greatest potential of utility tokens lies in their ability to automate numerous processes, thereby reducing transaction costs. By leveraging blockchain technology, companies can create a secure and end-to-end digital platform to make their market more efficient and profitable. For example, a utility token can help store documents and other important details in a fully digitized format, which can significantly reduce the time it takes to complete a transaction. Utility tokens are thus a useful way to create digital currencies and facilitate their use in everyday life. And although there is not yet a fully developed ecosystem, more and more companies are recognizing the value of this technology and looking for ways to leverage it. It is therefore likely that utility tokens will establish themselves as an indispensable part of digital economic systems.

Which risks belong to which type of token?

Security tokens have a higher risk than utility tokens. Security tokens are usually linked to assets and can therefore lead to very volatile price fluctuations. Since they are still quite new, it is difficult to predict how their value will develop. Regulatory uncertainty is also a factor that increases risk. There is a risk that security tokens violate legal provisions and are subject to various regulatory requirements. Utility tokens, on the other hand, pose less risk than security tokens because they are not directly linked to assets. They usually have defined usage functions and in most cases can currently only be used within a specific ecosystem. Since utility tokens do not have to meet any regulatory requirements, there is still a risk that the token’s value will suddenly drop or that it will become unusable due to technical difficulties. Both token types offer opportunities and risks to developers and investors. Before deciding whether or not to “invest” in or purchase one of these tokens, one should thoroughly weigh the benefits and risks of each type of token and whether or not one is willing to take that risk. It is also important to know and understand the regulatory requirements to avoid investing in a token that does not have the full protection of the regulators. It is also important to check the liquidity of the token and especially it issuing company and make sure that you have a convenient way to buy or sell tokens. Finally, it is important to note that investments in tokens should only be considered as long-term investments. Since token prices can be very volatile, it is important to have a long-term plan for your investments and stick to that plan. You should try to keep the risks of investing in tokens as low as possible and invest only when you are sure that you are ready to make losses. This way, you can avoid getting stressed out and making bad financial decisions.

MLM systems and sale of tokens

Selling tokens through multi-level marketing (MLM) systems is a popular way for companies to get their tokens to market. MLM uses the idea of network marketing to spread awareness and value of tokens. This type of marketing is designed to build a network of people that grows through word of mouth and recommendations for specific products and services. When tokens are sold through MLM systems, the buyer may also receive a portion of the profit that the company made from the sale. This creates an incentive for the person to buy more tokens and add more people to the network. However, it is important to note that there is no certainty when buying tokens through MLM systems – there is still a risk that the value of the tokens may decrease or disappear altogether. Therefore, investors should think carefully about whether they are willing to take this risk.

Are Fungible Tokens Subject to MiCAR?

The term Fungible Token refers to digital assets that serve as a substitute for physical currencies. These tokens are usually managed on a blockchain and can be used either as a means of payment or as a store of value. Fungible tokens can also be used for investment, financing and trading. However, the regulation of Fungible Tokens depends on the respective countries. In Germany, Fungible Tokens are subject to MiCAR (Markets in Financial Instruments and Regulations) according to current legal opinion. This means that issuers and providers of digital assets are bound by and must comply with strict regulatory requirements in order to offer their products. MiCAR’s key requirements include:

The issuer must

  • have the necessary liquidity to meet its obligation under the tokens;
  • ensure adequate investor protection;
  • provide transparent information about the issuance and management of the token;
  • Perform a periodic valuation of the token;
  • operate an appropriate risk management system;
  • Minimize liquidity risks;
  • make its financial obligations meetable;

and

  • must have sufficient technical means to efficiently process all transaction related to the token.

 

In other words, MiCAR is basically designed to ensure that any investor interested in acquiring Fungible Tokens is protected from fraud and other risks, thus guaranteeing them a fair cost advantage when trading this type of token.

Conclusion – why security tokens will become increasingly important in the future

Security tokens have become an increasingly important form of digital property in recent years. They have the potential to fundamentally change the economy and the financial market and open up new ways for investors to invest. Using blockchain technology, security tokens can also function as digital stocks, bonds, mutual funds, and other financial instruments. Utility tokens, on the other hand, serve primarily as a means of payment for services or products within a given network. They provide holders with access to articles, services or functions of the respective network. Because of these differences, Security Token Offering (STO) is becoming more popular and outpacing Utility Token Offering (UTO). Security tokens promise greater transparency and traceability of investments, as well as improved efficiency in securities trading.

Marian Härtel
Author: Marian Härtel

Marian Härtel ist Rechtsanwalt und Fachanwalt für IT-Recht mit einer über 25-jährigen Erfahrung als Unternehmer und Berater in den Bereichen Games, E-Sport, Blockchain, SaaS und Künstliche Intelligenz. Seine Beratungsschwerpunkte umfassen neben dem IT-Recht insbesondere das Urheberrecht, Medienrecht sowie Wettbewerbsrecht. Er betreut schwerpunktmäßig Start-ups, Agenturen und Influencer, die er in strategischen Fragen, komplexen Vertragsangelegenheiten sowie bei Investitionsprojekten begleitet. Dabei zeichnet sich seine Beratung durch einen interdisziplinären Ansatz aus, der juristische Expertise und langjährige unternehmerische Erfahrung miteinander verbindet. Ziel seiner Tätigkeit ist stets, Mandanten praxisorientierte Lösungen anzubieten und rechtlich fundierte Unterstützung bei der Umsetzung innovativer Geschäftsmodelle zu gewährleisten.

Tags: BlockchainCivil lawDevelopmentdigitalEntscheidungenFinancingFundingInformationInterestInvestmentInvestmentInvestorLawsManagementmarketingMicarModelRegulationRisk ManagementSecuritiesserviceSicherheitTestToken

Weitere spannende Blogposts

Preparing for the Digital Service Act as a business

Preparing for the Digital Service Act as a business
2. January 2023

Introduction The Digital Service Act is a much-discussed topic. It has many implications for businesses and consumers that need to...

Read moreDetails

Model procedure for advertising with customer ratings

Model procedure for advertising with customer ratings
15. October 2023

The Wettbewerbszentrale wants to have the question of the breakdown of average star ratings clarified by the BGH. What is...

Read moreDetails

Positive reviews may be reviewed and deleted if necessary

Positive reviews may be reviewed and deleted if necessary
7. November 2022

Positive reviews are a marketing tool for all marketplaces and review platforms. And there is always a legal dispute about...

Read moreDetails

Pay by invoice via Klarna

7. November 2022

Since today I have integrated the provider "Klarna" as a payment option here on the site. Klarna is an extra...

Read moreDetails

BGH refers YouTube dispute to the ECJ

ECJ: Advocate General assesses sampling as copyright infringement
7. November 2022

The I. Civil Senate of the German Federal Court of Justice, which is responsible among other things for copyright law,...

Read moreDetails

Making influencer marketing legally compliant: A guide for startups

Making influencer marketing legally compliant: A guide for startups
10. October 2024

Influencer marketing has become an important tool in digital marketing in recent years. For start-ups, it offers an effective way...

Read moreDetails

Is the NetzDG permissible? ECJ with an exciting decision

Lego brick still protected as a design patent
15. November 2023

The ECJ has made an exciting decision that could also be relevant for the NetzDG, which applies to Instagram or...

Read moreDetails

2x Gamesrecht at the Federal Court of Justice, supervised by RA Marian Härtel

Small summary – Blizzard vs. Bossland
23. February 2023

So nine years I am now admitted to the bar and next week, 6/10/2016 to be exact, I will be...

Read moreDetails

Exploitation rights to articles of an editor

Exploitation rights to articles of an editor
28. June 2019

My career in the gaming industry started as the operator of a computer game magazine (before that I was editor...

Read moreDetails
Modding in EULAs and contracts – what applies legally in Germany?
Law and computer games

Modding in EULAs and contracts – what applies legally in Germany?

8. September 2025

Mods add new content to video games, improve graphics or add completely new ways of playing. Hardly any major PC...

Read moreDetails
Arbitration agreements in EULAs and developer contracts

Arbitration agreements in EULAs and developer contracts

7. September 2025
Chain of title in game development: building a clean chain of rights

Chain of title in game development: building a clean chain of rights

6. September 2025
Fail-fast clauses in media productions – what are they actually?

Fail-fast clauses in media productions – what are they actually?

5. September 2025
Founder’s agreement vs. shareholder agreement: setting the course for startups at an early stage

Founder’s agreement vs. shareholder agreement: setting the course for startups at an early stage

12. August 2025

Podcastfolge

da884f9e2769f2f96d6b74255be62c27

The role of the IT lawyer

5. September 2024

In this exciting podcast episode, we delve into the fascinating world of IT start-ups and find out why an experienced...

Read moreDetails
c9c5d7fd380061a8018074c2ca5a81bf

Startups and innovation in Germany – challenges and opportunities

26. September 2024
fcb134a2b3cfec5d256cf9742ecef1cd

The unconventional lawyer: a nerd in the service of the law

26. September 2024
d00527fd01b1f807a4f80c0f202069e7

Legal basics for startup founders – how to start on the safe side!

9. November 2024
238a909c26a0302cbd4792cbd18e4922

Global challenges for start-ups – A legal guide

10. October 2024

Video

My transparent billing

My transparent billing

10. February 2025

In this video, I talk a bit about transparent billing and how I communicate what it costs to work with...

Read moreDetails
Fascination between law and technology

Fascination between law and technology

10. February 2025
My two biggest challenges are?

My two biggest challenges are?

10. February 2025
What really makes me happy

What really makes me happy

10. February 2025
What I love about my job!

What I love about my job!

10. February 2025
  • Privacy policy
  • Imprint
  • Contact
  • About lawyer Marian Härtel
Marian Härtel, Rathenaustr. 58a, 14612 Falkensee, info@itmedialaw.com

Marian Härtel - Rechtsanwalt für IT-Recht, Medienrecht und Startups, mit einem Fokus auf innovative Geschäftsmodelle, Games, KI und Finanzierungsberatung.

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
  • en English
  • de Deutsch
Kostenlose Kurzberatung