101-110 of 124 results
A long time coming: The Retirement Income Streams Review Report
Going into the 2013 election the present Government promised a review of the regulatory framework for retirement income streams Today the Government finally released its report It has been a long time coming And while the main outcome - a new category of tax effective pensions and annuities - will ...
ASIC getting a bigger toolkit sooner than expected
In its response to the capability review into ASIC the Federal Government has made a commitment to accelerate the implementation of a product intervention power for ASIC and the product design and distribution obligations for the financial services industry but it left to one side some other ...
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 ...
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 ...
Life insurance, conflicted remuneration and commissions
The Bill to amend the conflicted remuneration provisions in the Corporations Act for life insurance has been introduced into Parliament a second time and draft regulations have been released for comment However we struggle to know how to describe them because the changes seem to have conflicting ...
25 years of class actions
Class action risk is changing A new wave of entrepreneurialism by plaintiff lawyers and litigation funders has substantially changed class action dynamics in recent times The 25th anniversary of the class action regime is a good opportunity to reflect on whether in the light of those and other ...
Recent decision on FoFA advice provisions - ASIC v NSG
The recent case of ASIC v NSG Services Pty Ltd considers the FoFA best interests and appropriate advice provisions, as well as obligations of licensees. While the facts of the case provide an extreme example of how advisers and licensees can fail to comply with these duties, it also provides some us ...
Reporting significant breaches - or something that may (or may not) be a breach?
The Taskforce established by Treasury to consider ASICs enforcement powers released its first consultation paper a few weeks ago on breach reporting We examine the most significant of the Taskforces 12 preliminary positions ...
Corporate culture and conduct risk
Regulators particularly in the UK and Australia are increasingly interested in corporate culture in the financial services industry its impact on the integrity of the system and what the regulators are doing to try to entrench a corporate culture that works for the benefit of consumers and investors ...
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 ...