Retail clients of Binance in Australia were not adequately protected from risky derivatives, resulting in significant losses. This was stated in a lawsuit filed by the ASIC.
According to the complaint, from July 2022 to April 2023, Oztures Trading Pty Ltd (trading as Binance Australia Derivatives) mistakenly classified 505 clients—83% of its users—as “wholesale” investors.
“[…] Binance failed to ensure the efficiency, honesty, and fairness of the financial services provided under its Australian license. Many clients suffered significant losses,” stated the agency’s press release.
ASIC claims that users were not afforded the same protections as lower-income investors, including the right to receive disclosure statements and access to a dispute resolution system.
The commission noted that in 2023, it had already overseen compensation payments from the exchange to affected clients amounting to approximately 13 million AUD (~$8.3 million).
“Cryptocurrency derivatives are inherently risky and complex, making it crucial for retail clients to be correctly classified. These classifications ensure they receive consumer protections and the information necessary to make informed investment decisions,” emphasized the regulator’s representatives.
ASIC intends to seek through the courts “penalties, as well as declarations and orders for the dissemination of corrective information” against Binance.
In April 2023, the commission revoked the local branch’s license due to improper client classification. Later, officials conducted searches at the company’s office as part of the investigation.