Share on LinkedInShare on LinkedIn

ARTICLE · 09 JUNE 2025

Full Court flips Qoin narrowing Authorised Rep exemption

Piper Alderman
Piper Alderman
Contributor
Piper Alderman

Piper Alderman

Helping shape the future of business in Australia with practical, commercial and cutting-edge legal...

View firm profile
Explore more from Piper Alderman

The Full Court's decision was nevertheless unanimous and highlights ASIC's increased concerns over AFSL provisioning, poor supervision of CAR arrangements and suggests potential limits to the CAR exemption.

AustraliaTechnology
Steven Pettigrove
Steven Pettigrove
Luke Misthos
Luke Misthos
Emma Assaf
Emma Assaf
Author LinkedIn connections

Steven Pettigrove, Luke Misthos and Emma Assaf of the Piper Alderman Blockchain Group bring you the latest legal, regulatory and project updates in Blockchain and Digital Law.

Full Court flips Qoin narrowing Authorised Rep exemption

On 30 May 2025, the Full Federal Court found that BPS Financial Ltd (BPS) was not entitled to rely on the 'authorised representative' exemption under the Corporations Act 2001 (Cth) (Corporations Act) when issuing its Qoin Wallet product. The Court allowed ASIC's appeal and declared that BPS had operated without the required Australian Financial Services Licence (AFSL).

Background

BPS marketed and issued the Qoin Wallet, a digital wallet which enabled users to store and transact crypto tokens called "Qoin". By late 2022, more than 93,000 wallets had been issued with BPS raising over $40 million through token sales.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

APRA v Bedingo And Adelaide Bank: A Wake-up Call For Directors And Officers

The Australian Prudential and Regulatory Authority has launched unprecedented civil penalty proceedings against Bendigo and Adelaide Bank following a 2023 cybersecurity breach that exposed critical weaknesses in the bank's risk management systems. This landmark case signals a fundamental shift in regulatory enforcement, extending accountability beyond corporate entities to individual directors and officers who fail to ensure adequate cybersecurity controls are functioning as intended.
AustraliaTechnology
Kennedys
Kennedys
Article

ASIC Demands Urgent Cyber Upgrades To Combat Frontier AI Security Threats

In an open letter published on 8 May 2026, ASIC, who are responsible for regulating Australia's corporate, financial services and insurance sectors, urged Australian financial services licence (AFSL) holders to act promptly against the risks posed by advanced AI systems. ASIC warned that malicious actors are increasingly using cutting-edge AI models to identify and exploit vulnerabilities at an unprecedented scale.
AustraliaTechnology
Kennedys
Kennedys
Article

South Australian Royal Commission Into Artificial Intelligence: What Businesses Need To Know Now

South Australia has announced a Royal Commission into Artificial Intelligence, set to commence in October 2026 and deliver findings by July 2027. The inquiry will examine AI's economic and social impacts across policy, education, public services, workforce transformation, and infrastructure. Businesses using or developing AI should prepare for potential regulatory reforms and consider engaging with the inquiry process.
AustraliaTechnology
Piper Alderman
Piper Alderman
Article

Reforms To Restraints: What The Competition And Fair Work Legislation Amendment (Banning Unfair Non-Competes) Bill 2026 Means For Employers

The Albanese Government has released draft legislation that would fundamentally reshape how Australian employers use restrictive covenants and competitive agreements. The proposed Competition and Fair Work Legislation Amendment (Banning Unfair Non-Competes) Bill 2026 seeks to prohibit or strictly regulate no-poach agreements, wage-fixing arrangements, non-compete clauses, and co-worker non-solicitation terms.
AustraliaEmployment and HR
Piper Alderman
Piper Alderman
Article

South Australian Royal Commission Into Artificial Intelligence: What Businesses Need To Know Now

South Australia has announced a Royal Commission into Artificial Intelligence, set to commence in October 2026 and deliver findings by July 2027. The inquiry will examine AI's economic and social impacts across policy, education, public services, workforce transformation, and infrastructure. Businesses using or developing AI should prepare for potential regulatory reforms and consider engaging with the inquiry process.
AustraliaTechnology
Piper Alderman
Piper Alderman
Article

Foreign Resident Capital Gains Withholding Changes: More Than Just Another Notification

From 1 October 2026, foreign vendors in transactions valued at $50 million or more must notify the Australian Taxation Office when providing non-indirect Australian real property interest declarations. These new requirements introduce strict notification deadlines, comprehensive reporting obligations, and significant penalties for non-compliance. How will these reforms impact transaction planning, risk allocation between parties, and completion mechanics for cross-border deals?
AustraliaTax
Piper Alderman
Piper Alderman
Article

ATO Releases Decision Impact Statement On Bendel – The Wait Is Over, But Was It Worth The Wait

The Australian Taxation Office has released its Decision Impact Statement following the High Court's landmark Bendel judgment on unpaid present entitlements and Division 7A. While some taxpayers who maintained passive arrangements may find relief, significant questions remain about the application of anti-avoidance provisions and the Commissioner's discretionary powers. The statement signals important changes to longstanding ATO guidance and raises critical considerations for trust and corporate beneficiary
AustraliaTax
Piper Alderman
Piper Alderman
Article

The hidden risk facing Australia’s credit funds: Property values haven’t fallen, but transactions have

Australia's private credit market faces its first genuine stress cycle as property transaction velocity slows and ASIC intensifies regulatory scrutiny. With delayed exits, extended loan maturities, and increased workout activity creating pressure across the sector, fund managers and trustees must now navigate both commercial challenges and heightened enforcement risk while ensuring their governance frameworks can withstand regulatory examination.
AustraliaFinance and Banking
Piper Alderman
Piper Alderman
Article

Victorian Construction Industry Royal Commission: What It Means For Project Participants

The Victorian Government has launched a Royal Commission into the Integrity of Major Public and Civil Infrastructure Construction Projects, examining allegations of corruption, criminal conduct and serious misconduct across major construction projects. The inquiry will scrutinise procurement practices, labour hire arrangements, subcontracting models, supply chains, project governance and government oversight, with implications extending far beyond Victoria's borders.
AustraliaGovernment, Public Sector
Piper Alderman
Piper Alderman
Article

Dig Deeper Before You Litigate – Evidence Lessons For Liquidators

A Federal Court decision examines whether liquidators can rely on accounting entries alone to pursue debt recovery, or whether suspicious book entries require stronger evidence to overcome a nil balance shown in company records. The case highlights critical evidentiary thresholds for insolvency practitioners when challenging transactions made shortly before liquidation.
AustraliaInsolvency/Bankruptcy/Re-Structuring
Piper Alderman
Piper Alderman