Should Cryptocurrencies and Initial Coin Offerings (ICOs) be Regulated under Australian Financial Services Laws?, 5 J. Marshall Global Mkt. L.J. 27 (2019)

Authors

Daniela Lai

Abstract

The rise of the popularity of cryptocurrencies in the last few years has sparked international debate as to the characterization of cryptocurrencies and tokens issued by ICOs. The decentralized nature of cryptocurrencies and ICOs raises fundamental challenges as to the parties and tokens that should be regulated and how they should be regulated. This Article proposes that tokens which are similar to securities should be regulated like securities. Under Australian law, this Article proposes that digital currencies should be categorized as financial products with the exception of utility tokens. Entities issuing ICOs and cryptocurrency exchanges should be subject to disclosure regimes in order for cryptocurrency purchasers to receive a prospectus or product disclosure statement. Additionally, this Article suggests that issuing entities have ongoing obligations to maintain the security of such platforms.