Briefing
The Australian Securities and Investments Commission (ASIC) has updated its Information Sheet 225 (INFO 225), clarifying that many widely traded digital assets, including stablecoins, wrapped tokens, and tokenized securities, are financial products under existing Australian law, thereby mandating an Australian Financial Services (AFS) Licence for related services. This action immediately formalizes the regulatory perimeter, compelling digital asset businesses to align their operations with traditional financial services obligations, including custody and client money requirements. To facilitate an orderly transition, ASIC has concurrently issued a sector-wide “no-action” position, providing regulatory forbearance until June 30, 2026 , for firms to lodge their AFS Licence applications.
Context
Prior to this update, the application of Australia’s existing financial services law to the rapidly evolving digital asset sector was a source of significant legal ambiguity, particularly concerning novel products like wrapped tokens and non-yield-bearing stablecoins. This prevailing uncertainty complicated compliance and inhibited institutional participation, as firms lacked clear statutory guidance on which assets constituted a ‘financial product’ and what specific regulatory obligations applied to custody, distribution, and financial resource management. The industry operated in a gray zone where legal risk was assessed on a case-by-case basis, creating an inconsistent compliance landscape that hindered both innovation and robust investor protection.
Analysis
The updated guidance fundamentally alters the operational architecture for digital asset firms in Australia, shifting the compliance burden from ad hoc risk assessment to systemic regulatory adherence. Firms must now integrate the full scope of AFS Licence obligations, which includes meeting stringent financial resources requirements, appointing suitably qualified responsible managers, and establishing formal professional indemnity insurance. The classification of stablecoins and wrapped tokens as financial products means their distribution is now subject to the Design and Distribution Obligations (DDO), requiring issuers and distributors to prepare a Target Market Determination (TMD). This necessitates a comprehensive overhaul of compliance frameworks, product structuring, and client onboarding workflows to align with the principles-based approach of the existing financial services legislation.
Parameters
- AFS Licence Application Deadline → June 30, 2026. The final date for digital asset businesses to lodge their AFS Licence application under the no-action position.
- Key Products Classified → Stablecoins, Wrapped Tokens, Tokenized Securities, Digital Asset Wallets. These are now confirmed to be financial products under existing law, requiring licensing for related services.
- Feedback Period on Relief → November 12, 2025. The deadline for industry feedback on the draft transitional relief instrument for stablecoin and wrapped token distributors.
Outlook
The transitional relief period provides a critical window for digital asset firms to strategically engage with ASIC and re-engineer their business models for long-term regulatory sustainability. The clarity provided by INFO 225 sets a precedent for how common law jurisdictions can apply existing, technology-neutral financial regulation to novel digital asset structures, offering a blueprint for other regulators. The next phase will involve the finalization of the proposed regulatory relief instruments and the industry’s ability to successfully navigate the complex AFSL application process. Failure to secure an AFSL or comply with the new standards by the deadline will result in significant market exclusion and potential enforcement action.
