Where things stand
Information Sheet 225 (INFO 225) sets out ASIC’s position on when crypto assets fall within the existing financial services regulatory perimeter. It confirms that crypto assets with features similar to traditional financial products, such as interests in managed investment schemes, securities, or derivatives, may trigger licensing obligations and associated conduct and disclosure requirements.
In December 2024, ASIC released Consultation Paper 381 (CP 381) proposing significant amendments to INFO 225. The proposed changes are aimed at improving clarity and keeping up-to-date with rapid developments in digital assets’ business models. CP 381 includes worked examples and ASIC’s position on activities such as token issuance, staking, custody, and exchange operations
What’s next
ASIC has not confirmed when CP 381 will be finalised or when a comprehensive rewrite of INFO 225 will be released. A final version was expected in mid-2025, but no updated guidance or announcement has been published to date.