Crypto Licensing - Australia

About Australia

The Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act) in Australia established a regulatory framework for cryptocurrency firms. In Australia, crypto licencing is largely concerned with anti-money laundering and counter-terrorism financing rules.

It is vital to remember that regulations and requirements might change over time, so it is critical to consult the most recent AUSTRAC material and get legal counsel from individuals familiar with Australian cryptocurrency regulations. Compliance with regulatory obligations is required to operate legally and maintain an Australian crypto licence.

Australia is totally located in the southern hemisphere, between the Indian and Pacific oceans, to the south of Maritime Southeast Asia and to the north of Antarctica.

According to the most recent United Nations projections, the current population of Australia and New Zealand is 31,271,910 as of Saturday, May 6, 2023.

The common law legal system governs Australia and all of its states and territories, including New South Wales. Unlike the United States, Australia has a single unified common law that applies throughout the country. Australia has only one common law.

English is Australia’s primary and official language. The majority of the population speaks English, and it is the language of instruction in schools, universities, and official government proceedings. It is worth mentioning, however, that Australia is a cosmopolitan country with many communities speaking languages other than English, reflecting the different cultural backgrounds of its citizens. Other languages regularly spoken in Australia outside English include Mandarin, Arabic, Italian, Greek, Vietnamese, and Hindi.

Here are some of the primary benefits of holding a crypto licence in Australia:

1. Compliance with Regulations

Using a cryptocurrency licence confirms conformity with the regulatory framework set by AUSTRAC, Australia’s financial intelligence agency. This compliance improves your reputation and creates trust among customers, investors, and partners since they know you are operating inside the law and adhering to tough anti-money laundering and counter-terrorism funding standards.

2. Credibility and legitimacy 

Having a crypto licence in Australia gives your bitcoin firm status and credibility. It communicates to potential consumers and investors that you have met regulatory criteria and follow industry standards, which can increase trust and confidence in your operations.

3. Banking Services Availability

In Australia, having a crypto licence can make it easier to obtain banking services. Before establishing banking links, banks in Australia frequently demand enterprises participating in the cryptocurrency industry to be licenced and comply with AML/CTF standards. A crypto licence can assist you in navigating this procedure and establishing financial partnerships more efficiently.

4. Market Opportunities Have Expanded

Australia has a well-developed financial services sector and a market that is technologically advanced. With a crypto licence, you can enter the Australian market and provide bitcoin services to Australian customers. Australia has huge growth prospects for cryptocurrency enterprises due to its robust economy and use of digital technologies.

5. Investor Satisfaction

Australia has a strong regulatory environment and a strong investor protection system. Obtaining a cryptocurrency licence demonstrates your dedication to investor protection and compliance with applicable regulations. This can entice potential investors who prefer to engage with licenced and regulated businesses, strengthening their trust in your company.

6. Potential for Collaboration

With several firms, startups, and technology suppliers in the field, Australia has a thriving blockchain and cryptocurrency ecosystem. Having a crypto licence can lead to collaboration, collaborations, and networking opportunities with other licenced companies and industry stakeholders, boosting innovation and growth.

7. Regulation Stability

Australia has well-established and stable financial services regulatory structures. A crypto licence clarifies the regulatory criteria and obligations that must be followed, allowing you to operate in a stable and predictable environment with well-defined standards.

General

License: Australian Financial Services (AFS) license or an Australian Credit License (ACL).
Timeframe for Approval: 3 to 6 months
Regulator: Australian Securities and Investments Commission (ASIC).

Company Structure

Local Director: At least one director
Local Shareholder: At least one shareholder
Local Registered Office: Required
Local Staff: Required
Compliance Officer: Required
AML/KYC: Required
Audit: Required
Economic Substance: Required
Corporate Tax Rate: For basic – 30%, for small/medium businesses – 25%;
Currency: Australian Dollar (AUD)
Minimum Paid-up Capital: No minimum capital requirement

The following are the steps in the crypto business registration process:

  1. Identifying the types of transactions that investors want to carry out through an Australian cryptocurrency company
  2. Optional organizational-legal structure
  3. The selection of names for the future crypto corporation, as well as verification and reservation.
  4. Information and consents from shareholders and corporate authorities, as well as information regarding the firm’s beneficiaries, are gathered.
  5. Selecting a legal address for the upcoming business
  6. Creating constituent and registration paperwork
  7. The creation of a registration bundle of documents
  8. Direct business registration through the Business Registration Service (BRS) of the Australian Government
  9. Registration is required for tax and employment purposes
  10. Establishing a current bank account for a cryptocurrency corporation
  • Cryptocurrency exchange services
  • Digital wallet services
  • Initial Coin Offerings (ICOs) and token sales
  • Over-the-counter (OTC) trading
  • Payment services
  • Advisory and consulting services

Documents required by all involved individuals

(including but not limited to directors, shareholders and beneficial owners)

  • Passport copy (Notarised)
  • Utility Bill issued within the last 3 months (Notarised)
  • CV or Resume for each involved individual
  • Two professional reference letters
  • Qualifications (Notarised)

For Corporate Shareholders

  • Articles of Association in English
  • Registered office address documents (Notarised)
  • Company Register of director/s
  • Company Register of UBOs (shareholder register, or incumbency certificate, or share certificates)
  1. Formation of international business corporation.
  2. Preparation and drafting of shareholder and officer agreements.
  3. Preparation and drafting of narrative business plan.
  4. Prepare five year financial projections.
  5. Preparation and drafting of current financial statements
  6. Preparation and drafting of personal financial statements for owners.
  7. Identification and draft letters naming principal representative and auditor.
  8. Draft and prepare required bank charter and prospectus
  9. Preparation and drafting application with regulatory authorities.
  10. Respond and draft responses to regulatory authority application inquiries.
  11. Facilitate and consummate bankcard relationship with prepaid card program managers
  12. Preparation and drafting of policy agreements and related documents.
  13. Facilitate and consummate IBAN and correspondent bank relationship
  14. Provide for required physical presence and local director
  15. Preparation and review of client greements, website disclosures and related agreements.