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ARTICLE · 18 JUNE 2018

So, you are thinking about setting up a digital currency exchange?

Cooper Grace Ward
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If you're offering crypto-currencies for sale or purchase on a digital currency exchange, you should seek legal advice.

AustraliaGovernment, Public Sector
Charles Sweeney
Charles Sweeney
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If you're planning on offering crypto-currencies for sale or purchase on a digital currency exchange (also known as a crypto-currency exchange), you should consider seeking legal advice.

Australia has recently introduced a number of new legislative provisions to regulate the trade of digital currencies. The applicability of these laws will depend on numerous factors, such as the nature of the coins traded and the offerings of the digital currency exchange.

We have outlined some of the regulatory considerations below.

WILL YOU NEED ANY LICENCES TO OPERATE A DIGITAL CURRENCY EXCHANGE?

Previous public commentary from ASIC indicated that it did not generally consider digital currencies to be financial products in Australia. However, ASIC's recent release of information sheet 225 ( INFO 225) clearly demonstrates that ASIC is considering this issue more closely. Whether a digital coin is a financial product (the trading of which is regulated) will depend on the

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