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New rules give more digital asset users access to AFCA

Shail Singh

More consumers who use digital assets such as cryptocurrency, wrapped tokens, stablecoins, tokenised securities and digital asset wallets can now access the Australian Financial Complaints Authority (AFCA)’s free and independent service.

This follows ASIC’s clarification about when a digital asset is considered a financial product. If a business provides services involving financial products, it generally needs to hold an AFSL and be a member of AFCA.

The new requirements are set out in ASIC’s Information Sheet 225 (INFO 225).

Until recently, there was some uncertainty about which digital assets were regulated as a financial product under the Corporations Act, which meant digital asset companies were not required to be members of AFCA.

While some companies chose to join AFCA voluntarily, membership was not mandatory, so many consumers had no access to AFCA if something went wrong.

Consumers using these products can now bring disputes to AFCA if they are unable to resolve them directly with their provider, if the firm is an AFCA member.

“This requirement gives consumers a clear pathway to complain if they are using these products and something goes wrong,” AFCA’s Lead Ombudsman for Investments and Advice Shail Singh said.

“Digital assets are increasingly part of the way people manage and move money, so it’s important consumers have access to independent dispute resolution service if they need it,” he said.

“AFCA has handled more than 1,000 complaints about digital assets over the past six years so we have experience dealing with the types of issues that can arise in this sector.”

Consumers can use AFCA’s find a financial firm tool to check whether a digital asset platform is an AFCA member.

Organisations providing digital asset services that are AFCA members include:

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