Australia’s New AML/CTF Regime: What Businesses Need to Know About the 2026 Reforms
Australia's reformed AML/CTF regime is now in force: what existing reporting entities and Tranche 2 businesses need to know.
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Best Interests Duty & Crypto Financial Advice
If you're providing personal advice to a retail client about crypto tokens that are financial products, the best interests duty applies (s 961B).
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Market Misconduct & Digital Assets
If a crypto token is a financial product, the market misconduct provisions in Part 7.10 may apply, subject to market and jurisdiction conditions.
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NFTs and the Financial Product Boundary
When does a digital collectible become a regulated financial product?
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Product Disclosure Statements for Digital Assets
If your crypto token is a financial product and you are issuing or selling it to retail clients, you generally must give a Product Disclosure Statement (PDS) under ss 1012A-1012C.
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s 763A: Financial Product Definition
A token whose holders' money is used, or intended to be used, to generate a return for them may well be caught.
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Financial Service Categories Under Chapter 7
Once your product is a 'financial product', the next question is which financial service you provide.
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When Is a Crypto Token a "Financial Product"? Chapter 7, Corporations Act 2001 (Cth)
The first question for any Australian digital asset project: is your token a financial product under s 763A of the Corporations Act?
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