ASIC Clarifies Digital Assets as Investments with 13 Illustrative Cases
The Australian Securities and Investments Commission (ASIC) has issued new guidance on digital assets, clarifying what constitutes an 'investment' under securities laws. The regulator, typically reluctant to provide detailed examples, has offered 13 cases to illustrate its stance.
ASIC defines a 'token' as inseparable from its associated rights, benefits, expectations, and features when traded on digital asset or crypto platforms. The regulator considers various digital assets, including carbon and biodiversity credits, property tokens (representing fractional ownership of residential and commercial assets), gold tokens, crypto exchange-traded funds (ETFs) like spot Bitcoin ETFs, stablecoins, invoices and debt instruments (often debentures), and digital tokens representing beneficial ownership or bundled legal rights associated with a token.
ASIC is now seeking public feedback on its updated guidance, aiming to foster a clearer understanding of digital assets within the investment landscape.
ASIC's new guidance, accompanied by 13 illustrative examples, aims to provide clarity on the classification of digital assets as investments. The regulator seeks feedback to refine its stance and promote understanding in the evolving digital asset market.
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