Australian Regulator Wins Against Kraken’s Bit Trade in Court

As a seasoned investor with a keen eye for regulatory compliance and a hearty laugh, I find myself chuckling at the antics of Bit Trade in this latest court fiasco. The Australian Securities and Investments Commission (ASIC) has once again proven its mettle by enforcing financial regulations, a lesson that seems to have been lost on some crypto exchanges.


In simpler terms, the Federal Court of Australia has gone against Bit Trade, which is the Australian branch of Kraken’s cryptocurrency exchange, due to a legal action initiated by the Australian Securities and Investments Commission (ASIC).

The court determined that Bit Trade violated financial regulations by failing to meet design and distribution obligations and operating as an unlicensed credit facility.

Australian Regulator Wins Against Kraken’s Bit Trade in Court

In September 2023, a dispute arose between ASIC and Bit Trade due to legal concerns. ASIC argued that Bit Trade’s margin trading product lacked the necessary market identification, a requirement for all Australian financial products.

According to a ruling made on August 23, Justice John Nicholas found that Bit Trade had not taken an essential step – complying with regulatory requirements – before launching their product for individual customers, which goes against the established regulations.

In Australia, the design and distribution rules are set up to ensure that financial products fit specific consumer groups and are marketed using a fitting approach.

In addition, ASIC claimed that Bit Trade’s product, allowing customers to trade up to five times the value of their collateral, was an unapproved loan service. Furthermore, Justice Nicholas supported this perspective by stating that the margin extension provided by Bit Trade resulted in delayed debt, which is considered a credit facility according to law.

Following the court decision, ASIC and Bit Trade have been given a week’s time to come to an agreement regarding declarations and orders. Notably, ASIC has voiced its intention to impose financial penalties on Bit Trade.

For the Australian crypto industry, this situation serves as an important reminder to closely adhere to financial rules and ensure accurate product offerings.

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2024-08-23 10:28