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ASIC Clarifies Digital-Asset Rules, Requiring Licences and Tougher Custody as No-Action Period Begins

The regulator offers temporary relief through 30 June 2026 to ease the shift ahead of Treasury’s forthcoming licensing laws.

Overview

  • Revised Info Sheet 225 says stablecoins, wrapped tokens, tokenised securities and many wallets are financial products under the Corporations Act, triggering Australian Financial Services licence requirements for providers.
  • Firms that hold client assets must meet new custody expectations, including net tangible asset thresholds of up to A$10 million unless custody is incidental.
  • ASIC confirmed its rules reach offshore and decentralized platforms that market to Australians, cautioning that geography will not shield non‑compliant services.
  • A sector‑wide no‑action position is in place until 30 June 2026, alongside proposed temporary relief for stablecoin distributors and certain custodians.
  • Public comment on the draft relief is open until 12 November 2025, with the guidance expanding worked examples to 18 and leaving DeFi licensing needs to case‑by‑case assessment.