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ASIC Proposes Custody and Trading Rules for Crypto Exchanges
ASIC has proposed custody and trading standards for crypto exchanges and custodians, effective April 8, 2027, with incumbent firms able to operate if they apply for a license by October 7, 2028.
Outputs
New rules take effect April 8, 2027; existing firms may keep operating if they apply for a license by October 7, 2028.
Consultation closes November 27, 2026 window opens now; final guidance expected March 2027.
ASIC has recorded more than 140 applications for digital asset financial services authorization.
Regime follows Parliament's April legislation aligning crypto firms with traditional finance rules.
FTX's 2022 collapse left about 30,000 Australian customers without access to their funds.
Australia's securities regulator has proposed binding standards for cryptocurrency exchanges and digital asset custodians, with the new regime taking effect on April 8, 2027 and a licensing window for incumbent firms running to October 7, 2028.
The Australian Securities and Investments Commission (ASIC) opened a consultation on the proposals on Thursday. The consultation closes on November 27, and the regulator expects to publish final guidance and standards in March 2027. Affected firms must obtain or update their regulatory approval or license to continue operating lawfully.
The proposals implement legislation that Australia's Parliament passed in April, extending to crypto businesses a regulatory framework comparable to that governing traditional financial firms. Australia now joins the European Union, Singapore and Hong Kong, jurisdictions that have already introduced dedicated crypto regimes under MiCA-style market-infrastructure rules.
What does the regime require?
Under the consultation paper, platforms would face standards covering:
- Separation and safeguarding of customer assets
- Trading transparency and settlement procedures
- Financial resources and capital requirements
- Market manipulation, conflicts of interest and the handling of customer orders
For Australian investors, the changes would deliver clearer rules on how exchanges hold assets, execute orders and manage conflicts of interest. For operators, the practical consequence is a new compliance perimeter: custody segregation, order-handling conduct and financial-resource tests become license conditions rather than optional market practice.
The 'same activity, same risk' principle
ASIC Commissioner Alan Kirkland framed the approach in a statement: "Our approach is based on the principle of 'same activity, same risk, same regulatory outcome' to align Australia with the approach of comparable overseas jurisdictions."
The institutional logic is straightforward. A crypto exchange performing functions identical to a securities venue — order matching, custody, settlement — will be held to functionally equivalent standards. For multinationals operating Australian entities, that means local operating models must be reconciled with global group structures before the 2027 deadline, not after.
Timeline and transition window
The sequence matters for planning. Rules take effect April 8, 2027. Firms already operating in Australia have until October 7, 2028 to file a license application and may continue operating while ASIC reviews it. Final guidance arrives in March 2027, giving operators roughly one year between published standards and the statutory start date.
That compressed runway is the operative constraint. Firms that wait for final guidance in March 2027 will have approximately 12 months to remediate custody arrangements, trading disclosures and capital positions before the regime binds.
Demand signal is already visible
ASIC said it has recorded more than 140 applications from businesses seeking authorization to provide digital asset-related financial services — a pipeline that suggests the industry anticipated the regime and is positioning ahead of it. The regulator also noted that stablecoins used for payments fall outside this consultation and are being addressed separately through Australia's payment services reforms.
Why Australia moved now
The legislative push follows the 2022 collapse of FTX, which left roughly 30,000 Australian customers unable to access their funds. Three years earlier, Cryptopia, a New Zealand exchange, entered bankruptcy after a major hack. Both cases turned on the same failure mode the proposed standards target: inadequate separation and safeguarding of customer assets.
What this changes for operators
For exchanges and custodians serving the Australian market, the question is no longer whether to seek a license but how quickly custody segregation, order-handling controls and financial-resource planning can be brought to license-ready condition. Firms filing early — within the first months of the transition window — effectively buy themselves review-period runway while continuing to operate.
Those that miss the October 7, 2028 application deadline face a harder calculus, since operating without a filed application after that date would fall outside the transitional carve-out.
The consultation close on November 27 is the first hard date on the calendar; submissions filed before it can still shape custody thresholds and trading-transparency requirements before ASIC locks final standards in March 2027.
By Nathan Brooks
via CoinDesk (Source)
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Market editor covering money, funding and market shifts around crypto and web3 industry at Mempool Brief.
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