The Australian Securities and Investments Commission (ASIC) extended its sector-wide no-action position to Sept. 30, 2026, giving digital asset firms three more months to secure regulatory approvals for offering financial services involving digital assets. The extension reflects a pragmatic response to industry transition challenges, according to ASIC. The relief covers firms seeking Australian Financial Services (AFS) licences and has been expanded to include businesses using authorized representative or intermediary authorization arrangements with an AFS licence holder.
ASIC Extends Relief Period and Expands Scope for Digital Asset Firms
The extension gives firms more time to apply for or vary an Australian Financial Services (AFS) licence. ASIC also expanded the relief to businesses using authorized representative or intermediary authorization arrangements with an AFS licence holder. The regulator stated: "ASIC's decision reflects a pragmatic response to industry transition challenges."
The Sept. 30 deadline also applies to firms seeking an Australian Market Licence or Clearing and Settlement facility licence. Those firms must notify ASIC in writing of their intention to apply and hold a pre-meeting with the regulator.
The no-action position does not change Australian law or create a permanent licensing exemption. It sets out when ASIC does not intend to take enforcement action against eligible firms that meet its transition conditions. The relief is limited in scope, excluding crypto lending and earn products, most digital asset payment facilities outside eligible stablecoins, and derivatives beyond wrapped tokens. ASIC said it will continue to act against serious misconduct that causes significant consumer harm or systemic issues.
INFO 225 Update Received 30 Licence Applications Since October 2025
ASIC has received about 30 licence applications from digital asset firms since updating Information Sheet 225 (INFO 225) in October 2025. INFO 225 sets out how existing financial services laws apply to digital assets and related products, giving firms clearer guidance on when licensing obligations arise.
The guidance explains that financial product definitions under current law are broad and technology-neutral, a position ASIC said the High Court has affirmed. It followed Consultation Paper 381, which outlined proposed updates to INFO 225, and the initial no-action position introduced alongside it, which was set to expire June 30, 2026.
ASIC stated: "The extension and broader scope support an orderly path to licensing, while maintaining a focus on investor protection and market integrity." The guidance aligns with Australia's broader Digital Asset Framework reforms, with INFO 225 intended to help firms understand their obligations under existing law as they prepare for licensing and operational requirements.
FAQ
What did ASIC extend to Sept. 30, 2026?
ASIC extended its sector-wide no-action position to Sept. 30, 2026, giving digital asset firms more time to secure regulatory approvals for offering financial services involving digital assets.
How many licence applications has ASIC received since October 2025?
ASIC has received about 30 licence applications from digital asset firms since updating Information Sheet 225 (INFO 225) in October 2025.
What does the no-action position exclude?
The relief excludes crypto lending and earn products, most digital asset payment facilities outside eligible stablecoins, and derivatives beyond wrapped tokens.
