Analysis
August 23, 2024 7:33 PM
Kraken, a prominent cryptocurrency exchange, faced a legal setback in Australia as a federal court ruled against its local operator, Bit Trade Pty Ltd. The court found Bit Trade in violation of Section 994B of the Corporations Act for not making a "target market determination" before launching its margin extension product.
The Australian Securities and Investments Commission (ASIC) initiated the lawsuit, emphasizing the need for compliance with regulatory obligations to protect consumers. Kraken, while agreeing to comply with the ruling, attributed the judgment to unclear cryptocurrency regulations in the country. The exchange highlighted the disparity in regulations for extending fiat currency versus cryptocurrency to clients.
Kraken expressed concern over the current regulatory framework, advocating for legal clarity in the rapidly evolving crypto and Web3 sectors. ASIC Deputy Chair Sarah Court underscored the significance of the ruling, reinforcing the regulator's commitment to scrutinizing crypto products. ASIC and Bit Trade have seven days to agree on declarations, with ASIC seeking financial penalties against the Kraken operator.
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