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Service Snapshot

Gofaizen & Sherle helps you identify the permissions your crypto business needs in Australia and prepare the required applications. Our support covers AUSTRAC VASP registration, ASIC licensing assessment and AML/CTF compliance.

  • Registration Australian VASP (virtual asset service provider)
  • Regulator AUSTRAC, Australia’s financial intelligence agency and AML supervisor
  • Commission Australian Securities and Investments Commission (ASIC) overseeing financial services
  • Digital Assets Framework Future platform licensing regime

Support for Digital Asset Businesses

Assessment considers your customers, target markets and the services you plan to provide.

sign positive

May fit

  • Entering Australia as a virtual asset service provider
  • Expanding an existing operator’s designated services
  • Reviewing a platform’s products before launch
sign warning

May not fit

  • Buying or holding crypto solely for personal investment
  • Seeking registration only for markets outside Australia
  • Needing company formation without crypto regulatory assessment or application support

Choose the Applicable Regulatory Route

Your business may need more than one registration or license.

Registration or LicenseWhen It Applies
AUSTRAC VASP registrationProviding designated virtual asset services with an Australian geographical link. Registration addresses anti-money laundering and counter-terrorism financing (AML/CTF) obligations.
Australian financial services license (AFSL)Providing relevant financial services involving financial products. The assets’ rights and business arrangements determine coverage. Exemptions or acting as an authorized representative may apply.
Australian market licenseOperating a facility where offers to buy or sell financial products are regularly made or accepted, unless exempt.
Clearing and settlement facility licenseProviding a regular mechanism for parties to financial-product transactions to meet prescribed obligations to each other, unless exempt. This is separate from custody.

Which Virtual Asset Services Are Covered?

Coverage depends on the services your business provides and their connection to Australia.

Services Covered by AUSTRAC

AUSTRAC’s designated services include:

  1. Providing specified financial services connected with an issuer’s offer or sale of virtual assets, where your business participates in that offer or sale.
  2. Exchanging crypto for fiat, or arranging that exchange.
  3. Exchanging crypto for crypto, or arranging that exchange.
  4. Transferring virtual assets for customers.
  5. Safekeeping or managing customers’ virtual assets or private keys.
Requires individual analysis
Non-custodial wallets • NFTs • DeFi • Tokenization • Hybrid payment products

Classification depends on function, control and the company’s role in the transaction. A model is more likely to fall within Article 15 quater when the company stores or controls virtual assets, executes transfers, intermediates exchange, moves fiat for customers or has a direct financial-service relationship with them. Labels such as “software” or “non-custodial” do not decide the result.

Separate rules may apply when the product performs payment services or involves securities. Tokenization is therefore a secondary use case here. The analysis starts with the rights represented by the token, the issuance and distribution model, custody and payment flows, not with the tokenization label itself.

Future Rules for Digital Asset Platforms

The Digital Assets Framework (DAF) introduces new AFSL authorizations from April 8, 2027. It covers digital asset platforms (DAPs) holding clients’ tokens and tokenized custody platforms (TCPs) representing underlying assets held for clients as tokens.

The future exemption for issuing a DAP requires all four conditions:

  1. No financial products are held under any DAP issued by a closely related group member.
  2. Transactions across those platforms total no more than A$10 million over the previous 12 months.
  3. Whenever a token enters a platform, each customer’s aggregate asset entry value across those platforms, including holdings through nominees, does not exceed A$5,000.
  4. The issuer lodges the prescribed notice with ASIC.

Entry value means market value when a token enters the platform, rather than its continuously updated value. Regulations may increase the statutory thresholds. This exemption does not remove AUSTRAC obligations.

What Gofaizen & Sherle Will Handle

Licensing and regulatory consultants coordinating the corporate, compliance, filing and operational-readiness workstreams.

  1. Assessment & Structure

    • Review your services, customer markets and asset flows.
    • Identify applicable AUSTRAC registration and ASIC licensing requirements.
    • Support company setup and structuring for the planned activities.
  2. Registration & Documentation

    • Prepare applications and supporting regulatory documents.
    • Coordinate relevant ASIC licensing work.
    • Help you respond to regulator questions and requests for information.
  3. Compliance Framework

    • Help prepare your business’s AML/CTF risk assessment and program.
    • Define governance arrangements and compliance responsibilities.
    • Document procedures for customer checks, monitoring, reporting and recordkeeping.
  4. Operational Readiness

    • Support implementation of the required compliance controls.
    • Review outstanding regulatory conditions before launch.
    • Assist with post-registration and post-authorization compliance.

Cost Factors and Scope

The crypto license cost in Australia includes application work and the resources needed to operate compliantly.

CategoryCost Driver
Government feesRoute and filing type
Professional workAgreed assessment and application tasks
Third partiesFormation and required local support
Compliance costsStaff, systems and implementation

Compare VASP registration cost quotations by the work and expenses included.

The Crypto Licensing Process

  1. You describe services and asset flows.

  2. Gofaizen & Sherle identifies the route and agrees the work.

  3. Gofaizen & Sherle helps develop the selected corporate structure and prepare the required documents.

  4. The applicable application goes to AUSTRAC or ASIC.

  5. You answer regulatory questions with our support. The authority may approve, impose conditions or refuse.

  6. You implement required controls before launch.

Crypto License Requirements and Client Inputs

  • team cog

    Ownership & Management

    Founders, shareholders and ultimate beneficial owners (UBOs) · Directors and responsible managers · Countries of residence

  • structure

    Business Model

    Business plan and revenue model · Products and services · How customer assets are held and controlled

  • fintech

    Transactions & Markets

    Fiat and crypto transaction flows · Expected transaction volumes · Customer types, countries and target markets

  • doc info

    Compliance & Banking

    Existing AML/CTF risk assessment and policies · Customer verification and transaction monitoring procedures · Banking needs and existing arrangements

Our expertise

Why Gofaizen & Sherle?

We combine legal, regulatory and technical expertise to support asset tokenization projects from initial assessment to implementation.

  1. Corporate structuring Company formation and cross-border business setup.
  2. Financial regulations Application preparation and regulator-facing documentation.
  3. Compliance & Governance AML/CTF frameworks and post-authorisation support.

What we handle

  • w assessment Project assessment
  • w structuring Structuring & Classification
  • w documentation Documentation
  • w implementation Implementation support
Maksim Gasanbekov

Maksim Gasanbekov

Partner, Head of Sales (Crypto and Blockchain)

maksim@gofaizen-sherle.com

Application Timeline and Dependencies

AUSTRAC may take up to 90 days to assess an application.

A request for further information restarts that period when you provide it. Document preparation, company setup and bank review add time. The regulator’s assessment period is not a launch date.

Australian Digital Asset Regulation

AML/CTF law. The AML/CTF Act 2006 and AUSTRAC Rules govern registration and financial-crime controls for covered virtual asset services under AUSTRAC supervision.

Financial services law. The Corporations Act 2001 governs financial products and services. ASIC INFO 225 explains when digital assets fall within these rules. RG 1 guides AFSL applications and variations.

Future platform rules. The Corporations Amendment (Digital Assets Framework) Act 2026, or DAF Act 2026, introduces DAP/TCP licensing requirements commencing April 8, 2027.

AUSTRAC registration does not replace an AFSL where one is required.

Current Regulatory Status

DateRegulatory Position
March 31, 2026Digital currency exchange registrations automatically became VASP registrations.
July 1, 2026AML/CTF obligations began for newly regulated virtual asset services; existing fiat-to-virtual exchange services transitioned on March 31.
September 30, 2026ASIC’s qualifying no-action deadline passed. Timely qualifying applicants may remain covered until grant, refusal, withdrawal or rejection, subject to the letter’s conditions and service exclusions.
April 8, 2027*DAP/TCP rules commence. Draft implementation standards remain under consultation.

Ongoing AML/CTF Compliance

Operators must maintain:

  • customer due diligence and an AML/CTF program with a compliance officer
  • transaction monitoring, suspicious matter reporting, records and sanctions controls
  • risk-appropriate independent evaluation at least every three years, subject to first-deadline transitional rules.

VASP registration lasts three years. Apply for renewal within the 90 days before expiry. A timely application preserves registration while AUSTRAC decides.

* From April 8, 2027, the new amendments have a six-month transition for services without corresponding AFSL authorization. A grant or variation application during that period extends the delay until the day after ASIC’s decision. Without an application, the amendments apply after six months. Current financial-services and AML duties continue.

Australia Crypto Tax for Businesses

Crypto held for trading, mining or exchange business is generally trading stock. Business investments may instead attract capital gains tax.

Company tax is generally 30%. The 25% rate applies to qualifying base rate entities with aggregated turnover below A$50 million and base rate entity passive income no greater than 80% of assessable income. Goods and services tax (GST) liabilities or purchase credits may arise from business transactions. Registration creates no blanket GST exemption.

 

Travel Rule and Self-Hosted Wallets

The Travel Rule requires payer and payee information for covered transfers.

Institutions sending and receiving transfers identify wallet types and assess counterparties. Transfers to unlawfully operating custodial providers are prohibited. March 31, 2029 concerns reporting for unverified self-hosted wallet transfers only. It does not defer wallet checks, suspicious matter reports or the broader Travel Rule.

Regulatory Risk and Enforcement

Launching without required permissions creates regulatory risk, even while future DAF rules are pending. ASIC’s conditional no-action position is not a license or immunity from third-party action.

Australia and Alternative Markets

Compare jurisdictions by your services, customer markets and registration requirements.

Market Main Consideration
Australia Designated services, plus a separate financial-product assessment.
Montana, USA No state money transmitter license. Covered crypto businesses still need federal FinCEN MSB registration and AML compliance. Other states’ requirements may apply.
Canada FINTRAC MSB registration covers qualifying crypto exchange and transfer services. Provincial, securities and payment requirements need separate assessment.
Costa Rica Assess VASP registration and AML obligations under Law 10961, including applicable implementing rules.
El Salvador Bitcoin services use the BCR registration route. Services involving other digital assets fall under the separate CNAD framework.
Panama Company formation requires a separate review of planned activities. Banking, securities or other regulated services may need additional permission.

Establishing a business abroad does not remove Australian obligations if your services retain the required Australian connection.

Frequently Asked Questions

Can I operate from abroad?

Possibly. Australian geographical links and your chosen entity determine obligations, including any corporate residence and address requirements.

Does my registration expire while renewal is reviewed?

No, if you apply within the 90-day window before expiry, registration continues until AUSTRAC decides.

Does calling my token a utility token remove AFSL obligations?

No. ASIC assesses the rights and benefits attached to the token and the financial services you provide.

Can a small platform skip AUSTRAC registration?

Size alone does not exempt designated services. The future limited DAP issuance exemption concerns AFSL, not AUSTRAC registration.

What happens if ASIC has not decided my DAF application?

For a service without corresponding authorization, applying during the six-month transition delays the new amendments until the day after ASIC decides. Existing duties remain.

Do all documents need an apostille?

Confirm certification, translation and apostille formalities for the particular document, applicant and receiving authority before arranging them.

Can I receive a fixed quote before choosing the route?

The route determines application work and compliance needs. Agree deliverables before treating a quote as the total budget.

What happens when AUSTRAC asks for more information?

Provide the requested information. AUSTRAC’s assessment period restarts for up to 90 days when you supply it.

Is an independent AML evaluation required every year?

Not universally. Frequency must reflect risk, at least every three years, with transitional rules for first evaluations.

Which records help with both banking and tax review?

Keep transaction histories, valuations and explanations of asset flows. They support questions about activity and tax treatment.

Client Testimonials

Trusted by Industry Leaders

Excellent service! The communication is fast and friendly, we are very satisfied with received comprehensive package of services such as legal consulting, full turnkey crypto company formation in Lithuania, assistance in bank account opening for "high risk" business, human resources acquisition etc. Highly recommended!

trastra logo Roman Potemkin Founder & CEO. TRASTRA
Skailenga UAB Case study

Skailenga UAB

Services Provided: End-to-end VASP and MiCA licensing support in Lithuania, including share transfer, corporate structuring, AML/KYC framework development, FNTT reporting, legal advisory, HR recruitment, payroll, and accounting services.

Read case

Connect with our experts

Our experts will tell you how to do it as quickly and easily as possible.

Mark Gofaizen
Mark Gofaizen
Senior Partner, Head of Consulting
Maksim Gasanbekov
Maksim Gasanbekov
Partner, Head of Sales (Crypto and Blockchain)
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