Australian Court Stops Crypto Company for Not Having License

Australian Court Stops Crypto Company for Not Having License

By Jakub Lazurek

09 Feb 2024 (10 months ago)

2 min read

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Australian court rules Block Earner illegal for lacking crypto license

In a landmark decision, an Australian court has declared that Block Earner, a Sydney-based cryptocurrency startup, was operating illegally without the necessary license. This ruling is pivotal, establishing a significant precedent for cryptocurrency regulation in Australia. It underscores the government's intent to implement more transparent and convincing regulations within the rapidly expanding crypto sector.

During the proceedings, the court meticulously examined Block Earner's offerings, particularly its fixed-return crypto products. It was determined that these products fell short of the regulatory requirements set by the Australian Securities and Investments Commission (ASIC). Consequently, the court ruled that these offerings should have been officially registered as managed investment schemes. In contrast, the court recognized a distinction in Block Earner's "DeFi Access" product, which connects customers directly to decentralized finance (DeFi) protocols without promising a fixed return. This differentiation allowed "DeFi Access" to avoid the same legal scrutiny.

This case is a critical component of ASIC's comprehensive strategy to apply established financial regulations to the developing crypto industry. ASIC's proactive stance includes pursuing legal actions against various companies that navigate the digital finance landscape without adhering to traditional regulatory frameworks. Through these efforts, ASIC seeks to mold existing laws to better fit the innovative and often complex nature of digital currencies and financial technologies.

The court's decision serves as a stern reminder to all cryptocurrency enterprises operating in Australia of the paramount importance of regulatory compliance. As the crypto market continues to attract a diverse and growing audience—with nearly one-third of Australians over the age of 18 reportedly engaged in cryptocurrency transactions—the demand for regulatory clarity and security is more pressing than ever. This case not only highlights the challenges faced by crypto businesses in navigating the evolving legal landscape but also the potential consequences of non-compliance.

By setting a clear example with Block Earner, the Australian legal system and regulatory bodies signal their commitment to safeguarding investor interests and ensuring a level playing field within the crypto industry. This development is a crucial step toward fostering a more regulated, transparent, and trustworthy digital finance ecosystem in Australia.

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