Australia: Issued ruling dismissing ASIC lawsuit against Finder Wallet over alleged offer of unlicensed its crypto-asset-related product

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Description

Issued ruling dismissing ASIC lawsuit against Finder Wallet over alleged offer of unlicensed its crypto-asset-related product

On 14 March 2023, the Australian Federal Court dismissed a lawsuit brought by the Australian Securities and Investments Commission (ASIC) against Finder Wallet. The lawsuit alleged that Finder's yield-bearing product, Finder Earn, was an unlicensed financial product and required the company to hold a financial services license. However, the federal court ruled that ASIC had not established that Finder Earn was a debenture under the Corporations Act, thus dismissing the lawsuit. Finder had previously ceased the product, citing strategic business decisions and rising interest rates rather than regulatory review.

Original source

Scope

Policy Area
Authorisation, registration and licensing
Policy Instrument
Operational license requirement
Regulated Economic Activity
digital payment provider (incl. cryptocurrencies)
Implementation Level
national
Government Branch
judiciary
Government Body
court

Complete timeline of this policy change

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2022-12-15
under deliberation

On 15 December 2022, the Australian Securities and Investments Commission (ASIC) announced the comm…

2024-03-14
concluded

On 14 March 2023, the Australian Federal Court dismissed a lawsuit brought by the Australian Securi…