181-190 of 228 results
ASIC's enforcement decisions - is litigation the most effective deterrent?
We have previously reported on ASICs submission to the Financial System Inquiry FSI and in particular its assertion that it needs a broader range of more onerous financial penalties in order to punish and deter corporate wrongdoing ASIC made similar submissions to the recent inquiry by the Senate ...
Should APRA's prudential standard-making powers extend to directors' duties?
In recent times APRA has been active in prescribing duties for directors of the institutions it regulates In light of what has happened it is worth asking should the question of directors duties be excluded from APRAs prudential standard-making powers ...
The 'Internet of Things' meets financial advice
With financial services providers already taking advantage of the possibilities created by a new tide of internet meta data we need regulators and a regulatory regime that see the opportunities implicit in the change and not only the risks ...
The best interests duties - process or outcome?
Superannuation fund trustees and their lawyers including this one have been grappling for years with what the covenant in section 522c of the Superannuation Industry Supervision Act 1993 means What must a trustee do to exercise its powers and discharge its duties in the best interests of ...
The Inverted Bid Model - five key questions in solving it
Industry Super Australias proposed Inverted Bid Model has generated a lot of interest and discussion At a recent industry symposium participants were invited to explore the model with a view to further refining it for application in the Australian infrastructure market Partner David Donnelly poses ...
Funding a Fund: The growth of the capital call facility
The Australian corporate debt market is primed for growth, with an increase in the number of funds providing direct lending as an alternative source of financing to the traditional lending dominated by domestic banks. ...
Financial System Inquiry: where are we at?
Federal Treasurer Joe Hockey released the Financial System Inquiry report on 7 December 2014 saying that the report I release today delivers on our election commitment and lays out a blueprint for the financial system over the next decade And he is right - the Government did as promised commission ...
ASIC - A crackdown on corporate culture
Corporate culture and its role in shaping conduct within the financial services sector is now clearly at the forefront of ASICs enforcement agenda This focus was apparent in ASICs 2014-2015 strategic outlook released in October 2014 which identified corporate culture as a key risk driver and poor ...
All but one: Federal Government issues response to FSI report
The Federal Government today released its long-awaited response to the Financial System Inquiry The Government says it has accepted all but one of the Inquirys 44 recommendations released late last year And this is broadly true with the only substantial recommendation to be rejected being the ...
Government says 'Yes ASIC'
The FSI recommended that the Government emIntroduce an industry funding model for Australian Securities and Investment Commission ASIC and provide ASIC with stronger regulatory toolsem This recommendation No29 covers two topics that ASIC has pursued on a number of occasions including in its ...