You’re launching a token from an Australian Pty Ltd. Where that token sits under financial services law decides most of your legal path.
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 token legally is, before you build around it
That one answer decides whether you need an AFSL, what you are allowed to say in marketing, and how any rewards or points program should be set up.
What to work through, in order
Is the token a financial product?
Whether the token is a financial product under the Corporations Act decides whether an AFSL is required and what disclosure is owed. ASIC’s INFO 225 sets out how it approaches that question for digital assets. The answer turns on what holders actually receive, not on what the token is called.
Where the issuer sits
An Australian company, a foreign issuer, or a foundation. The choice changes licensing exposure, tax treatment under ATO digital asset guidance, and whether Australian Consumer Law reaches your marketing. Moving the issuer after launch is expensive and visible on chain.
What you can say before launch
Promoting a financial product without a licence, or making forward-looking return statements, engages both the Corporations Act and the Australian Consumer Law. ASIC has acted on promotional language well before any token traded.
Points and rewards programs
A points program announced before a token often changes how the token itself is characterised. The sequencing, the wording and whether points convert are the details that matter.
Next steps
What happens if you go ahead
Scoping call
Structure memo
Launch-ready pack
Who would handle it
Related reading
The AFSL Imperative - A Compliance Guide for Digital Asset Businesses Operating in Australia
Read the explainer
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