In a landmark judgment, the Federal Court ruled in ASIC v Web3 Ventures Pty Ltd (trading as Block Earner), shedding light on the regulatory framework surrounding crypto-backed financial products in Australia. The case focused on two key products offered by Block Earner: "Access," which allowed users to send funds to DeFi lending protocols, and "Earner," which offered interest on cryptocurrency deposits.
Key Findings
The Court found that Block Earner's Earner product constituted an unregistered managed investment scheme. The predictability of this outcome was evident given the operational structure of Block Earner's products. When customer funds are pooled and yields are offered, the return is provided by the entity itself, akin to a traditional managed investment scheme.
This decision underscores the critical need for meticulous consideration and alignment of representations in crypto-backed products, especially those offering yields. Despite Block Earner's claims, the Court determined that the yields stemmed from pooling customer funds and lending them out, meeting the managed investment scheme criteria.
Implications and Compliance
This decision clarifies the criteria under which crypto-backed products are considered financial products requiring licensing. Firms must conduct thorough analyses and design their products meticulously to comply with regulatory requirements.
At Creo Legal, we provide tailored legal advice to ensure crypto businesses comply with financial services laws. We've done this since 2017 and understand the importance of staying informed and proactive in adapting to regulatory changes in the evolving landscape. This judgment serves as a reminder for crypto businesses to ensure regulatory compliance and underscores the significance of careful consideration in the design and marketing of such products.
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