The Australian Securities and Investments Commission (ASIC) has launched legal action against Binance Australia Derivatives, a crypto derivatives trading platform, alleging consumer protection failures.
In a Dec. 18 news release, the regulator claimed Binance misclassified over 500 retail clients as wholesale investors between July 2022 and April 2023, stripping them of legal protections afforded under Australian financial laws.
Related: Binance accused of IP theft over PNUT token by Peanut the Squirrel owner
Consumer protection allegations
In the filing, ASIC states retail clients are entitled to stronger consumer protections, including access to a Product Disclosure Statement (PDS), a Target Market Determination (TMD) and internal dispute resolution processes.
ASIC Deputy Chair Sarah Court criticized Binance’s compliance systems, describing them as “woefully inadequate,” and said that many clients had suffered significant financial losses due to improper protections.
Related: Australia fines Kraken operator $5M for regulatory breaches
Alleged regulatory breaches
The lawsuit outlines several regulatory violations, including Binance’s failure to issue a PDS or TMD, inadequate dispute resolution mechanisms and a lack of employee training to ensure compliance with its financial services license. ASIC also accused Binance of failing to deliver services “efficiently, honestly, and fairly.”
In April 2023, following a review of the crypto exchange’s operations, ASIC canceled Binance’s Australian financial services license “in response to a request to cancel from the entity.”
Related: Coinbase accused of market manipulation, Kraken Australia hit with $5M fine: Law Decoded
ASIC to mandate crypto licensing
The case reflects ASIC’s growing focus on the crypto industry. Recently, the regulator fined Kraken’s Australian operator $12.8 million for regulatory breaches. ASIC is also preparing new guidelines to require crypto exchanges to obtain financial services licenses under the Corporations Act.
In September, ASIC Commissioner Alan Kirkland said the regulator was preparing new guidance requiring crypto exchanges to obtain financial services licensing.
The licensing requirements are set to extend beyond those related to digital currency exchanges, according to The Australian Financial Review (AFR).
Kirkland disclosed the authority’s plans at the AFR Crypto and Digital Assets summit in Sydney on Sept. 23 and said that the regulator considers that the Corporations Act captures major crypto assets like Bitcoin (BTC) and Ether (ETH).
Meanwhile, Binance faces allegations of intellectual property theft in the United States.
Mark Longo, the owner of Peanut the Squirrel, has issued a cease-and-desist letter to Binance, accusing it of trademark infringement in connection with its PNUT-themed memecoin.
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