The Australian Securities and Investments Commission (ASIC) commenced civil penalty proceedings against Finder Wallet Pty Ltd, a subsidiary of Finder, founded by Crypto King Fred Schebesta. The regulator alleges Finder Wallet was providing unlicensed financial services, breaching product disclosure requirements, and failing to comply with design and distribution obligations (DDO) in relation to its crypto-asset-related product Finder Earn the TAUD stablecoin.
Finder Wallet offered Finder Earn between late February and 10 November 2022. Finder Earn customers deposited Australian dollars into their accounts, which were then converted to an Australian dollar-denominated ‘stablecoin’ called TAUD and allocated to Finder Wallet to use for its own working capital. Finder Wallet paid customers (in Australian dollars) an annual compounding return of either 4.01% or, in some circumstances, 6.01% in exchange for using their funds by Finder Wallet.
ASIC alleges that the Finder Earn product was, in substance, a debenture. This is because customers deposited money with Finder Wallet on the understanding that their money would ultimately be repaid, together with a return for allowing Finder Wallet to use their capital.
ASIC also alleges that Finder Wallet required an Australian financial services license to offer Finder Earn because it provided financial product advice or dealt with a financial product. ASIC alleges that offering Finder Earn without a license exposed consumers to potential harm, including the possibility that they were offered a product that was not suitable for them.
After ASIC notified Finder Wallet of its concerns, Finder Wallet ceased offering Finder Earn, and all funds were returned in full to customers.
