The Australian subsidiary of cryptocurrency exchange Kraken, Bit Trade, faces a hefty fine for breaching regulatory rules requiring financial products to have a clearly defined target market.
Bit Trade Fined AUD 8 Million
The Federal Court has fined Bit Trade AUD 8 million (approximately USD 5.2 million) for illegally providing credit facilities to more than 1,100 customers. According to the Australian Securities and Investments Commission (ASIC), Bit Trade failed to meet the obligation of defining a target market determination (TMD) for its margin extension product.
Regulatory Breach and Its Impact
Since October 2021, the company had been offering a margin extension product that allowed financing through digital assets, such as Bitcoin, or fiat currencies like US dollars. However, the product was launched without a target market determination, a critical regulatory document designed to ensure that the product is marketed only to suitable customers.
The court found that Bit Trade violated design and distribution requirements every time the product was issued without a TMD. ASIC reported that customers were charged over USD 7 million in fees and interest, while trading losses exceeded USD 5 million.
Significant Customer Loss
One investor reportedly lost nearly USD 4 million using the margin extension product. Judge Nicholas criticized Bit Trade’s actions, describing them as “serious and motivated by a desire to maximize revenue” while failing to comply with regulatory requirements until flagged by ASIC.
ASIC Chairman’s Statement
ASIC Chairman Joe Longo described the court’s decision as a “significant outcome” and emphasized that this is the first penalty imposed by ASIC for failing to have a TMD. Longo also highlighted that the ruling serves as a warning to digital asset firms to consider their regulatory obligations carefully.
In addition to the fine, Bit Trade has been ordered to pay ASIC’s legal costs.
Conclusion
The Bit Trade case serves as a crucial reminder for digital asset firms that failing to comply with regulatory requirements can result in severe financial penalties and loss of market trust.
#Kraken , #CryptoNewss , #Regulation , #CryptoLaw , #digitalassets
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