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Australia’s ASIC Signals Broader Digital Asset Oversight Ahead of New Licensing Regime

CoinDesk
Australia's ASIC is expanding its application of existing financial laws to digital assets ahead of new formal licensing legislation.

Summary

The Australian Securities and Investments Commission (ASIC) is increasing its oversight of digital assets, stating that many tokens already qualify as financial products under the Corporations Act 2001. This updated interpretation, detailed in a revision to Information Sheet 225, broadens the scope from "crypto assets" to "digital assets" and provides 13 examples illustrating when tokens, staking, and tokenized products require an Australian Financial Services (AFS) license. This guidance prepares the industry for forthcoming Treasury legislation that will introduce formal licensing for exchanges and custodians. ASIC emphasized that fiat-backed stablecoins could be treated as non-cash payment facilities and wrapped tokens as derivatives. Furthermore, the regulator confirmed that offshore and decentralized structures marketed locally are subject to Australian law. ASIC also set new custodial obligations, requiring firms holding client assets to meet net tangible asset thresholds up to A$10 million unless their role is incidental, signaling rising enforcement expectations.

(Source:CoinDesk)