The Australian Securities and Investments Commission (ASIC) has commenced civil proceedings against Bit Trade — the provider of the Kraken crypto exchange in Australia — for failing to comply with design and distribution obligations for one of its trading products.
According to a Sept. 21 statement from ASIC, the Australian financial regulator alleged that Bit Trade failed to make a target market determination before offering its margin trading product to Australian customers.
Design and distribution obligations are a legal requirement for firms that offer financial products in Australia. The obligations set forward specific requirements for firms to design financial products that meet pre-determined needs of customers and then distribute them by way of a targeted plan.
We are suing Bit Trade, provider of the Kraken crypto exchange in Australia, for allegedly failing to comply with the design and distribution obligations (DDO) for its margin trading product. Since October 2021, customers have lost about $12.95 million https://t.co/MCRYqah0dPpic.twitter.com/zURQ2xDw7M
The regulator claimed that since the introduction of design and distribution obligations in Oct. 2021, at least 1160 Australian customers had used Bit Trade’s margin trading product and had incurred a total loss of approximately $8.35 million (12.95 million Australian dollars).
ASIC said that it notified Bit Trade of its failure to comply with the obligations in June 2022, however, alleging continued to offer the product without ever making the relevant determinations.
Bit Trade’s margin trading product is a “margin extension” service that allows customers to receive an extension of credit up to five times the value of the assets they use as collateral.
The financial regulator claimed that this product is in fact a “credit facility” as it offers customers “credit for use in the sale and purchase of certain crypto assets on the Kraken exchange.”
ASIC deputy chair Sarah Court said that the proceedings should serve as reminder to the crypto industry that financial products will continue to be scrutinized by regulators to ensure they are compliant with the country’s consumer protection laws.
“ASIC’s action should be a reminder of the importance to comply with the design and distribution obligations so that financial products are distributed to consumers appropriately.”
Cointelegraph contacted Kraken for a statement on the matter but did not receive a response by the time of publication.
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Sir Keir Starmer has said Rachel Reeves will face no further action over her “inadvertent failure” to obtain a rental licence for her south London home.
The chancellor had come under pressure to explain whether she had broken housing law by not getting the licence for the property when she moved into Number 11 Downing Street last year.
Conservative leader Kemi Badenoch called for her to resign or be sacked.
But in a letter published on Thursday night, the prime minister said correspondence shared by Ms Reeves shows her husband had been assured by the couple’s estate agents “that they would apply for a licence on his behalf”.
Sir Keir said it was “regrettable” he had not been made aware of the correspondence sooner, with an initial letter the chancellor sent him on Wednesday having suggested she was “not aware that a licence was necessary”.
A second letter from Ms Reeves on Thursday informed the prime minister that she had found correspondence between the letting agent and her husband about applying for the licence on their behalf.
Sir Keir said in his reply: “I understand that the relevant emails were only unearthed by your husband this morning, and that you have updated me as soon as possible.”
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The PM labelled the incident “an inadvertent failure” and said he sees “no need” for further action.
Lettings agency apologises
Number 10 also published advice given to the PM by his independent ethics adviser, Sir Laurie Magnus, saying he’d found “no evidence of bad faith”.
The owner of lettings agency Harvey and Wheeler has released an apology to the chancellor.
Gareth Martin confirmed a member of his staff said they would apply for the licence – but this was never done, as the person “suddenly resigned” prior to the start of the tenancy.
He said: “We deeply regret the issue caused to our clients as they would have been under the impression that a licence had been applied for.”
Image: The housing row had loomed over Rachel Reeves. Pic: PA
Ms Reeves had immediately faced calls to leave her post after a report in the Daily Mail, which saw her admit to mistakenly breaching local council housing rules by failing to secure the licence.
The newspaper reported Ms Reeves had failed to pay for a “selective” licence when renting out her family home in Dulwich, south London, which she has left while living in Downing Street as chancellor.
The Housing Act 2004 gives councils the power to make landlords accredit themselves in certain areas.
What are rental licensing laws?
Under the Housing Act 2004, introduced by Labour, councils can decide to introduce selective licensing, where residential landlords in specified areas must have a licence.
Landlords must adhere to certain requirements to obtain a licence, including gas certificates, working carbon monoxide alarms and fire safety regulations for furnishings.
They must secure a licence within 28 days of renting out a home.
Southwark Council, where Rachel Reeves’ house is, charges £900 for a licence, which lasts five years.
Failure to secure a selective licence can result in a penalty of up to £30,000 or an unlimited fine from a court upon conviction.
Landlords can also be made to repay up to 12 months’ rent to the tenant or they can be prevented from renting out the property.
Serious and repeat offenders can be prosecuted, with a sentence of up to five years or an uncapped fine, and they can be put on a rogue landlords database.
Ms Reeves has apologised over the incident, and for the delay in clarifying what advice her husband had received from the estate agent.
“I am sorry about this matter and accept full responsibility for it,” she told the PM.
Number 10 has consistently backed Ms Reeves ahead of her delivering the budget on 26 November.