Licensing Essentials: Navigating the Payments Licensing Maze

Organisations that play minor roles in moving money, or which are otherwise currently exempt, are now likely to be captured by the introduction of new legislation following the conclusion of Treasury’s recent consultation on major reforms to the payments industry. Reforms are now expected to be introduced in the next 12 months, resulting in a […]

What are Australia’s digital asset custody requirements?

Please note that this article was first published on Zodia Custody. *** As discussed in the first blog in this series, “Will you be custodying digital assets?“, anyone who has factual control of digital assets will, under changes proposed by the Australian Treasury in the Regulating Digital Asset Platforms Consultation Paper, be providing a financial service and […]

Australia, will you be custodying digital assets?

Please note that this article was first published on Zodia Custody. *** Australia’s national Treasury’s recently released Regulating Digital Asset Platforms Consultation Paper proposes a framework for regulating digital assets that leverages the existing Australian financial services (AFS) licensing regime and introduces a new financial product called a digital asset facility (DAF). While it is possible […]

Hamilton Locke Listed as a Finalist in Fintech Australia 2024 Finnies Awards

Hamilton Locke has been named a finalist in Fintech Australia’s 2024 Finnies Awards in the category, ‘Excellence in Fintech Support Services’. This marks the seventh consecutive year that Hamilton Locke’s Funds and Financial Services team (previously The Fold Legal) have been shortlisted as finalists in this category. The Finnies Awards celebrate the best and brightest […]

Hamilton Locke Partners Named Finalists in 2024 Lawyers Weekly Partner of the Year Awards

Seven Hamilton Locke partners have been named as finalists in Lawyers Weekly’s 2024 Partner of the Year Awards. The Lawyers Weekly Partner of the Year Awards honour outstanding legal practitioners across Australia who have demonstrated excellence in their respective fields, driving innovation, and delivering exceptional client service. With five partners shortlisted in their respective practice […]

Finding the interest in Finder Earn – debenture or not?

For the first time, debenture law has been applied to crypto products or services, with the Australian Securities and Investments Commission v Finder Wallet Pty Ltd [2024] FCA 228 (Finder Case) providing some clarity. Below, we explore the outcome in more detail, and share our key takeaways across six key questions: What was the Finder […]

ASX Compliance Update

Changes to ASX Listing Applications In a bid to enhance efficiency and clarity in the listing application process, the Australian Securities Exchange (ASX) has introduced several changes to its admission procedures, effective February 5, 2024. These changes set out in Compliance Update (no. 01/24) aim to simplify documentation requirements and improve compliance with spread and escrow […]

Hamilton Locke Acts for Alceon Private Equity on a multi-currency acquisition facility for the Acquisition of a 50% Interest in BOSS Engineering

Hamilton Locke has acted for Alceon Private Equity (Alceon) to secure a multi-currency facility to fund its acquisition of a 50% interest in BOSS Engineering, an automated agricultural equipment business. It was a pleasure to advise Alceon on the financing aspects of this transaction as its legal counsel, together with Skye Capital Advisory who acted […]

Licensing Essentials: The Good, the Bad and the Ugly

As ASIC expands its regulatory reach across new entities and industries, more businesses will be required to hold an Australian Financial Services or Credit licence or obtain additional authorisations, than ever before. But what goes into obtaining a licence, and is it really as impossible as it seems? With more than two decades of experience […]

Regulatory riddles: Decrypting the Future of Crypto Staking and Earn Products

For the first time, the crypto industry has useful guidance on the application of certain financial product definitions to crypto products and services following the recent judgement in Australian Securities and Investments Commission v Web3 Ventures Pty Ltd [2024] FCA 64 (Case), but not all issues have been resolved. We highlight below the key takeaways […]