271-280 of 473 results
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. ...
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. ...
Investing via convertible debt instruments in Vietnam
We look at the pros and cons of convertible debt instruments compared to traditional equity investment in Vietnam, the availability of these instruments to foreign investors and a comparison between convertible loan and convertible bond. ...
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. ...
Removal of exceptions to anti-hawking prohibition
In response to Royal Commission recommendations, amendments to remove exceptions to the existing hawking prohibition have been released for consultation. We analyse the changes, their effects and challenges. ...
Superannuation, funds and insurance sector reforms: the year ahead in 2020 and beyond
As the dust settles on a raft of COVID-19 related disruptions to various proposed legislative and regulatory reforms, the Allens team takes stock of the current regulatory reform proposals in the superannuation, funds and insurance sectors which have been mooted for the tail end of 2020 and early 2021. ...
Enforceability of industry codes of conduct
Proposed changes giving ASIC powers in relation to financial services industry codes of conduct means that obligations in these codes may become enforceable. This is interesting because the drafting in many of these codes tends to be broad, and, in some cases, goes far beyond the participants' exist ...
Treasurer temporarily amends continuous disclosure laws during COVID-19 crisis
The Treasurer has used his emergency powers under the Corporations Act (the Act) to temporarily modify the operation of Australia's continuous disclosure laws. The Treasurer's release states that the changes are designed to enable listed companies to more confidently provide earnings guidance ...
EU Commission publishes AIFMD report – what does this mean for Australian wholesale fund managers?
The European Commission has finally published its report on AIFMD and, in doing so, considered the impact of AIFMD on AIFMs, AIFs and investors. The report is short, but gives some insight into how the key features of AIFMD have worked and the effect this has had on the market. ...
Good practice for exchange traded products: ASIC updates INFO 230 'Exchange traded products: Admission guidelines'
On 15 April 2020, the Australian Securities and Investments Commission (ASIC) released updated INFO 230 Exchange traded products: Admission guidelines (INFO 230) which outlines ASIC's view of good practices to help ensure that admission and monitoring standards for exchange traded products (ETPs) continue to support fair, orderly and transparent markets. ...