You’re building on-chain in Australia. Whether what you issue counts as a financial product decides most of what follows.
Information, not advice
This page is information, not legal advice about your matter. A retainer begins only when a lawyer confirms it.
Start here
Work out what your asset legally is, first
Licensing, marketing, custody and tax all follow from that answer. Settling it after the product is built is what forces a rebuild.
What to work through, in order
Characterising the asset
Whether what you issue or list is a financial product under the Corporations Act sets the licensing, disclosure and marketing position. ASIC’s INFO 225 is the starting point, and the characterisation drives everything built on top of it.
Custody and who holds the keys
Holding assets for others can be a financial service requiring authorisation, and it changes your AML obligations. Whether keys are held by you, a third party or the customer is the operative fact.
Tax treatment
The ATO treats most crypto disposals as CGT events, with different treatment where assets are held on revenue account or as trading stock. Record keeping obligations apply from the first transaction.
Next steps
What happens if you go ahead
Scoping call
Written scope and fixed-fee quote
Engagement, once a lawyer confirms
Who would handle it
Offices
Melbourne
Level 17, 31 Queen Street, Melbourne VIC 3000
Sydney
Unit 3, 55 Pyrmont Bridge Road, Pyrmont NSW 2009
Gold Coast
Level 5, 33 Elkhorn Avenue, Surfers Paradise QLD 4217