The Australian Securities and Investments Commission (ASIC) has filed a lawsuit against Binance Australia Derivatives, accusing the crypto platform of breaching consumer protection laws. The regulator alleges Binance misclassified over 500 retail clients as wholesale investors, denying them crucial legal safeguards.
ASIC’s Claims Against Binance
The lawsuit centers on claims that Binance failed to comply with Australian financial laws from July 2022 to April 2023. Retail clients in Australia are entitled to enhanced protections, including access to a Product Disclosure Statement (PDS), a Target Market Determination (TMD), and robust internal dispute resolution processes.
ASIC Deputy Chair Sarah Court criticized Binance’s compliance systems, calling them “woefully inadequate.” Court also noted that numerous clients suffered substantial financial losses due to insufficient legal protections.
Key Allegations of Regulatory Breaches
ASIC’s legal action outlines several alleged violations by Binance, including:
- Failure to Provide Legal Documentation: Binance did not issue required documents like the PDS or TMD to retail clients.
- Inadequate Dispute Resolution: The company lacked effective internal mechanisms to address customer complaints.
- Compliance Failures: Employees were reportedly not trained to meet the requirements of Binance’s financial services license.
- Inefficient Practices: Binance allegedly failed to deliver its services “efficiently, honestly, and fairly.”
In April 2023, ASIC canceled Binance’s Australian financial services license after conducting a review of its operations. Binance reportedly requested the cancellation at that time.
Rising Scrutiny of the Crypto Sector
This lawsuit reflects ASIC’s increasing focus on regulating the cryptocurrency industry. Earlier in 2023, the regulator fined Kraken’s Australian operator $12.8 million for violating financial regulations.
ASIC is also working to tighten its oversight of digital asset platforms. New rules under the Corporations Act will require crypto exchanges to obtain financial services licenses. ASIC Commissioner Alan Kirkland, speaking at the AFR Crypto and Digital Assets Summit in September, confirmed plans to broaden these licensing requirements to include major cryptocurrencies like Bitcoin.
Binance’s regulatory challenges aren’t limited to Australia. In the United States, the platform faces accusations of intellectual property theft. Mark Longo, the owner of Peanut the Squirrel, issued a cease-and-desist letter alleging trademark infringement tied to Binance’s PNUT-themed memecoin.
