Token Securities Classification & Regulatory Analysis

Lander & Rogers provides specialized legal analysis determining the regulatory classification of digital assets under Australian and international securities laws.

Securities Classification for Digital Assets

The firm helps blockchain companies navigate the complex regulatory classification of tokens, distinguishing between utility tokens and security tokens, and structures compliant offerings that meet regulatory requirements while maintaining commercial flexibility. This critical analysis determines whether a token falls under securities regulation, affecting how it can be issued, marketed, and traded.

Multi-Jurisdictional Regulatory Assessment

The service addresses the evolving Australian regulatory landscape including ASIC oversight of digital assets, classification of crypto-assets under the Corporations Act and financial services laws, securities law assessments across multiple jurisdictions, and the application of consumer protection obligations to token offerings. The firm has advised on landmark matters including crypto-asset classifications and the first Australian court cases examining non-cash payment facilities in the crypto-asset context, providing cutting-edge expertise in this rapidly evolving area.

What's Included

• Regulatory classification analysis (utility vs. security token determination)
• Securities law compliance assessment under Australian and international frameworks
• Regulatory risk assessments for token launches and ongoing operations
• Legal opinions and classification memoranda for token offerings
• ASIC and regulatory engagement strategy
• Multi-jurisdictional securities law analysis
• Ongoing regulatory guidance as laws evolve

Integrated Capital Markets Expertise

This service integrates seamlessly with Lander & Rogers' broader capital structuring capabilities to provide end-to-end support for token offerings. Beyond classification analysis, the firm assists with practical implementation of compliant fundraising structures including SAFTs (Simple Agreement for Future Tokens), token warrant agreements, token purchase agreements, and SAFE notes with token side letters. The team combines deep securities law expertise with technical understanding of blockchain technology, token economics, and protocol design.

Why Choose Lander & Rogers

As one of the few Australian law firms with both deep securities law expertise and genuine technical understanding of blockchain technology, Lander & Rogers is uniquely positioned to provide sophisticated regulatory analysis for token offerings. The firm stays current with regulatory developments globally and in Australia through active participation in industry bodies like Blockchain Australia and the Standards Australia Smart Contracts Working Group, enabling proactive advice that helps blockchain businesses structure token offerings to meet compliance obligations while preserving commercial objectives.