151-160 of 191 results
Government introduces the Financial Sector Reform (Hayne Royal Commission Response) Bill 2020
The government yesterday introduced into Parliament the Financial Sector Reform (Hayne Royal Commission Response) Bill 2020 to implement a large number of the Hayne Royal Commission recommendations. Many provisions have a start date of 1 January 2021, and some don't have a transition period. ...
Superannuation trustees and 'efficiently, honestly and fairly'
The Federal Court has made declarations that two superannuation fund trustees contravened ss912A(1)(a) (efficient, honest and fair obligation) and 1041H (misleading or deceptive conduct) of the Corporations Act, and s12DA (misleading or deceptive conduct) of the ASIC Act. ...
Linklaters: Key finance insights
The pandemic has shone blinding spotlights on existing areas of concern within competition law and accelerated attempts by policy makers to find solutions. ...
Act fast, act well: Federal Court decision reinforces the importance of robust compliance programs for banks and other financial services licensees
Chief Justice Allsop of the Federal Court recently imposed on a bank, by consent of ASIC and the bank, civil penalties totalling $10 million for unconscionable conduct in carrying out an inadequate customer remediation process. It highlights the importance of banks and other financial services licensees having in place robust compliance programs and taking prompt and comprehensive action where possible non-compliance is identified. ...
ASIC issues hardship withdrawal relief to responsible entities
In response to the COVID-19 pandemic, ASIC has provided relief reminiscent of the GFC to allow hardship withdrawals from frozen funds. The COVID-19 version of hardship-relief goes further than its GFC predecessor in many respects. We provide an overview of the issue. ...
'Winding back' responsible lending obligations
The Government announced a simplification to Australia's consumer credit regulatory regime, which has been widely reported as a 'wind back' or 'axing' of the responsible lending obligations (RLOs) under the National Consumer Credit Protection Act 2009 (Cth) (Credit Act). Learn more from our experts. ...
The simple case of the SIS Act 'best interests' obligation
Commissioner Hayne's comments in his final report, and the surge of community interest in super, have resulted in a renaissance of sorts for the 'best interests' obligation. ...
Financial advice relief – all talk and no-action
We said at the outset of this pandemic that financial advice will play an important role in supporting members who are considering whether to access their super early. Alive to that, ASIC recently released a series of measures to facilitate access to financial advice ...
RG 272 – bringing order through product intervention
Following its consultation in June last year, ASIC has now published RG 272, setting out ASIC's approach to using its product intervention powers. In this update, we examine the scope of this power and the accompanying regulatory guidance. ...
ASIC's Corporate Plan 2020-2024
ASIC's Corporate Plan sets out its strategic priorities and actions for the next four years, especially its approach to its supervisory, surveillance and enforcement functions, and how each of those may have been impacted by the COVID-19 pandemic. ...