Australia’s securities regulator has introduced a sweeping set of exemptions aimed at easing the path for digital asset businesses while making clear that the reprieve is temporary and tied to a broader overhaul of the country’s crypto framework. The Australian Securities and Investments Commission (ASIC) on Tuesday finalized class relief for intermediaries handling the secondary distribution of certain stablecoins and wrapped tokens. The decision allows exchanges and other service providers to operate w ...

Core Insights - Australia's securities regulator, ASIC, has introduced new licensing and custody exemptions for certain stablecoins and wrapped tokens to promote innovation in the digital assets sector [1][2] - The recent measures build on previous class relief granted in September, allowing stablecoin intermediaries to operate without separate licensing [2][3] Regulatory Changes - ASIC has allowed providers to hold digital assets classified as financial products in omnibus accounts, contingent on proper record-keeping and reconciliation [2] - The updated digital asset guidance (INFO 225) published in October indicated a no-action position until June 30, 2026, for firms seeking licenses [2][3] Industry Feedback - Industry submissions supported the use of omnibus account structures for digital asset custody due to operational efficiencies, although there were calls for clearer record-keeping rules [4] - The guidance specifies that eligible stablecoins must maintain reserves equal to or greater than the total underlying currency amount, with unconditional redemption rights for holders [4] Reporting Requirements - Stablecoin issuers are mandated to publish quarterly reserve reports after four months and annual audited reports after 16 months to confirm reserves are cash or cash equivalents [5] Industry Perspective - The relief measures are seen as positive, although there is a historical divergence in views regarding whether tokens themselves are financial products or securities [6]

Core Insights - Australia's financial regulator, the Australian Securities and Investments Commission (ASIC), has updated its digital-asset guidance to clarify the application of existing financial-services laws to crypto businesses as new legislation is being prepared [1][2] Group 1: Regulatory Updates - The term "digital assets" replaces "crypto-asset" to encompass a wider range of products, including virtual, tokenized, and coin-based offerings [2] - The updated guidance does not create new laws but aims to provide businesses with clarity ahead of upcoming legislation for Digital Asset Platforms and Payment Service Providers [2][3] - ASIC reiterated that many digital assets, such as yield-bearing tokens and staking programs, will likely require an Australian Financial Services license under current law [3] Group 2: Examples and Obligations - The guidance expands from 13 to 18 worked examples, covering various digital assets like exchange-issued tokens, gaming NFTs, and yield-bearing stablecoins [3][4] - New custodial obligations require firms holding client assets to meet net tangible asset thresholds of up to $10 million (approximately US$6.5 million), unless their custody role is deemed incidental [5] Group 3: Offshore and Decentralized Structures - ASIC emphasized that Australian law applies to offshore and decentralized structures marketed or sold to local users, indicating that global platforms cannot evade domestic oversight [5] - The update builds on ASIC's previous decision to grant class relief to intermediaries distributing stablecoins from licensed issuers, allowing distribution without secondary-market or clearing licenses under certain conditions [6]