21-30 of 82 results
ASIC 2024 enforcement priorities
On 21 November, at the ASIC Annual Forum 2023, ASIC Deputy Chair Sarah Court announced ASIC's enforcement priorities for 2024. The Deputy Chair also addressed ASIC's regulatory enforcement approach generally, by reference to recent criticisms levelled at the regulator. ...
Whistling in the wind: clarification on the limited retrospective application of the corporate and tax whistleblower protection regime
The Full Court of the Federal Court of Australia has unanimously determined that the updated whistleblower protections that came into effect on 1 July 2019 do not apply to detrimental conduct engaged ...
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. ...
ASIC and APRA announce strategic priorities
In this Insight, we consider the key trends, similarities and differences we have observed across ASIC and APRA's Corporate Plan. We also explain what to expect on the regulators' supervision and enforcement agendas in the near future. ...
MAC conditions: more disclosure but no real change to market practice
MAC conditions have long been a feature of managing completion risk in public M&A transactions in Australia—utilising triggers based on either or both quantitative and qualitative measures. However, in 2022 ASIC published its concerns on the formulation of these conditions and, in particular, its expectation that MAC conditions include objective and 'quantifiable' triggers. ...
ASIC ramps up greenwashing-related regulatory interventions, targeting managed funds and ASX listed entities
ASIC's latest report, ASIC's recent greenwashing interventions (the Report), outlines its recent surveillance activities and regulatory interventions to tackle misleading marketing and greenwashing. ...
ASIC spotlight on compliance with client money rules in superannuation
ASIC has recommended all superannuation trustees should review their compliance with s1017E of the Corporations Act after a thematic review found widespread 'deficiencies'. ...
ASIC publishes final version of Regulatory Guide on Design and Distribution Obligations
An overview of how the final RG deals with a key questions raised by issuers and distributors for Design and Distribution Obligations. We look at issues relevant to all industries, and then some particular questions for banking, superannuation and investments, and insurance. ...
Design and distribution obligations for investment products – ASIC's latest expectations
ASIC has released Report 762 (the Report) following its recent review into how investment product issuers are complying with the Design and Distribution Obligations (DDO) regime. The report summarises ASIC's findings and highlights areas for improvement. ...
Breach reporting
In this Insight, we provide an overview of the Regulatory Guidance 78: Breach reporting by AFS licensees and credit licensees (RG 78) updates, and discuss some of the issues ASIC has left on the table for round two. ...