BaFin Shuts Down Ethena GmbH’s USDe Token Amid Explosive Compliance Violations

Key Takeaways:

• BaFin has banned public sales of Ethena GmbH’s USDe, citing MiCAR violations and unregistered securities concerns.
• Ethena GmbH leveraged MiCAR’s transitional rules but now faces regulatory scrutiny over serious deficiencies.
• BaFin has imposed strict measures, including freezing assets and appointing a special representative.

Germany’s financial regulator BaFin has taken action against Ethena GmbH’s USDe token, suspending all sales to the public. It listed a number of contraventions of the European Union’s MiCAR regime, which governs crypto assets.

Ethena GmbH hadn’t met regulatory standards, particularly with regard to reserves for assets and compliance with capital requirements, according to BaFin.

This prompted supervisory action immediately, with the agency instructing custodians to place Ethena GmbH’s asset reserves on hold.

The firm’s USDe issuance process has also raised concerns with the regulator. Despite having used MiCAR’s transition provisions to gain access to the German marketplace, Ethena GmbH’s July 29, 2024, license application has not been approved.

With approximately 5.4 billion USDe tokens outstanding, BaFin is considering whether the firm issued unauthorized offerings of securities.

While much of the issuance occurred before MiCAR came into force, BaFin asserts that the company ignored continuous authorization duties.

Compliance Failures and Market Impact

BaFin’s investigation reveals serious deficiencies regarding the company GmbH’s operations, particularly its business organization and asset-backed promise of stability.

USDe token was a dollar that maintained value through a system of algorithmic hedging as compared to fiat reserves. Regulators, however, found that the company’s buffers of capital were inadequate, raising investor protection issues.

In turn, BaFin imposed stringent actions, such as barring the company from conducting new business and freezing token-related reserves. It also appointed a special representative for compliance.

Secondary USDe token transactions are not impacted, but direct redemption through GmbH is temporarily suspended. USDe token holders are unsure, as regulatory proceedings may have further impact on liquidity.

Future of Ethena GmbH Under Scrutiny

Ethena GmbH’s troubles do not end with BaFin’s current restrictions. The regulator has also raised red flags regarding possible securities offenses related to issuance of sUSDe tokens, which are backed against USDe holdings and offer additional returns. If these tokens are deemed unregistered securities, Ethena GmbH might face further fines.

BaFin’s move represents a tightening noose on crypto regulation within the EU, particularly under MiCAR. The European Central Bank, European Banking Authority, and European Securities and Markets Authority are taking note.

The outcome of Ethena GmbH’s licensing process will determine whether it will remain operational or face stricter regulatory punishment.

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