Digital Asset and Token Regulatory Classification

Gilbert + Tobin provides comprehensive regulatory compliance, product characterization, and securities law analysis for digital assets, crypto, and Web3 businesses operating in Australia. The firm is ranked Tier 1 in Fintech and Financial Services Regulatory by The Legal 500 Asia-Pacific 2026.

Digital Asset Regulatory Classification and Analysis

The firm provides detailed legal analysis to determine the regulatory treatment of digital assets under Australian law:

• Token Characterization Analysis: Determining whether crypto assets qualify as financial products under the Corporations Act
• ASIC Information Sheet 225 (INFO 225) Guidance: Applying ASIC's framework for when crypto assets fall within financial services laws
• Securities vs Utility Token Analysis: Legal opinions on token classification for fundraising and product launches
• Stablecoin Regulatory Assessment: Analysis under ASIC's stablecoin relief instruments and regulatory framework
• Wrapped Token and Derivative Token Analysis: Classification of synthetic and derivative crypto assets
• Custody and Staking Arrangements: Regulatory analysis of custodial versus non-custodial models

Digital Asset Regulatory Framework Advisory

Gilbert + Tobin guides clients through Australia's evolving digital asset regulatory landscape:

• Digital Asset Platform Licensing: Advising on the Corporations Amendment (Digital Assets Framework) Bill 2025 which introduces Digital Asset Platforms and Tokenised Custody Platforms as regulated financial products
• Stablecoin Relief Instruments: Navigating ASIC Corporations (Stablecoin and Wrapped Token Relief) Instrument 2025/867
• Class No-Action Letters: Leveraging ASIC's exemptions and relief for digital asset businesses
• Product Structuring for Compliance: Designing token structures to minimize regulatory friction while maintaining commercial objectives

Regulatory Strategy and Market Entry

The firm works directly with Australian regulators (ASIC, APRA, AUSTRAC) to develop:

• Market entry strategies for crypto exchanges, wallet providers, and DeFi platforms
• Licensing pathways and exemption strategies
• Regulatory sandbox applications for innovative digital asset products
• Foreign financial service provider (FFSP) licensing for international crypto businesses entering Australia

Thought Leadership

Gilbert + Tobin maintains the "Regulation in Motion" hub tracking Australia's financial services regulatory reform in real-time, with continuous updates on digital asset regulation, stablecoin licensing, and crypto compliance. The firm has published a comprehensive 52-minute article on "Blockchain and Crypto Assets (Australia)" for The Legal 500.