1081-1090 of 1185 results
Seeking judicial advice on whether to seek judicial advice
For more than 150 years trustees have been able to obtain advice from courts on matters affecting the management or administration of trust property and on matters respecting the interpretation of trust deeds Trustees would usually only seek such advice however if they had doubts about a proposed ...
Post-election policy recap
As the dust settles following the recent federal election it is a good time to reflect on what we can expect from the re-elected Coalition Government for the financial services sector There are two main groups of policy proposals that are going to need to get through Parliament The first is the ...
Conflicts of interest and the duty to manage them
The Corporations Act 2001 Cth was amended in 2004 to include an additional obligation for Australian financial services licensees to have in place adequate arrangements for the management of conflicts of interest that may arise in relation to the activities undertaken by the licensees in the ...
Practical pitfalls and the sacrosanct limitation of liability clause
Commercial trusts could not operate without limitation of liability clauses however getting a limitation of liability clause just right is very challenging ...
The Life Insurance Code of Practice - just a code, or something more?
The new Life Insurance Code of Practice has much to recommend it The paragraphs concerning policy design are a case in point But is the Code indeed just a code or does it purport to go further ...
Passporting relief threatened in ASIC Class Order repeal
Foreign financial services providers relying on passporting a foreign licence to provide their services in Australia will find their regulatory relief could be expiring in 2 years - and has become subject to a new condition - following ASICs actions to repeal the ASIC Class Orders which give effect ...
Productivity Commission kicks off inquiry into superannuation
The Productivity Commission has released an issues paper inviting submissions on the criteria that should be used to assess the efficiency and competitiveness of Australias superannuation system This will be of interest not only to superannuation trustees but also to service providers including fund ...
Would you like best interests with that? Conflicted remuneration, American style
Last month we were fortunate enough to host Barney Frank co-architect of the Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 to discuss financial regulation reform Coincidentally a couple of weeks later we were treated to a presentation on US financial regulation reforms by a US ...
Dodd Frank - promoting financial stability and other purposes
The Dodd Frank Act is a bit like the US financial system it is trying to regulate - vast complex and hard to wade through It creates a bunch of new regulators on top of what was already a pretty solid cast and gives them wide-ranging powers They can not only set capital and liquidity requirements ...
Crowd-sourced equity funding
The Government has finally begun the process of implementing its policy on crowd-sourced equity funding CSEF by introducing a Bill and releasing draft exposure regulations late last year which envisage the establishment of a CSEF regime in Australia The Bill has been referred to the Senate Economics ...