The Australian Securities and Investments Commission (ASIC) has filed a lawsuit against Binance’s Australian arm for allegedly failing to protect consumers. The case centers on claims that Binance misclassified 505 retail investors as wholesale clients, which exposed them to high-risk and speculative crypto derivative products. ASIC argues that this misclassification led to significant consumer harm by denying investors their legal rights under Australian financial services laws.
ASIC Claims Binance Exposed Clients to Risky Products
From July 2022 to April 2023, Binance Australia Derivatives offered crypto derivative products to 505 investors. According to ASIC, around 83% of these investors were incorrectly classified as wholesale clients, depriving them of vital protections. Under Australian law, retail clients are entitled to product disclosure statements and access to a dispute resolution scheme, both of which Binance failed to provide.
ASIC asserts that the misclassification of retail clients as wholesale clients meant they were exposed to riskier products without the necessary consumer protections. These protections safeguard consumers from high-risk investments, ensuring they have adequate information and recourse in disputes. Many affected investors reportedly suffered substantial losses due to this oversight.
Binance’s Compliance Failures
In addition to the misclassification, ASIC has accused Binance of failing to meet various regulatory requirements. The exchange did not make a Target Market Determination required for financial products. This lack of determination means Binance could have assessed whether its products suited its target customers, leaving investors vulnerable to unsuitable investments.
Furthermore, ASIC claims that Binance failed to implement an adequate internal dispute resolution process. As a result, clients needed a structured way to resolve grievances or seek redress. The regulator also argues that Binance’s internal systems were insufficient to ensure financial services were provided fairly and in line with legal obligations.
In April 2023, ASIC revoked Binance’s Australian financial services license. This followed a broader review of the company’s operations, focusing on compliance with Australian financial regulations. ASIC has stated that its investigation is ongoing and examines the extent of the consumer harm caused by Binance’s actions.