21-30 of 70 results
ASIC v CBA: s912A does not require perfection
In this Insight, we examine the court's interpretation of the s912A obligation and provide guidance on mitigating misleading and deceptive conduct risk for AFS licenses. ...
ASIC's insights from the Reportable Situations Regime
ASIC has recently published a paper (here) recording high-level insights on themes and trends observed in reports received from AFS and credit licensees under the new Reportable Situations Regime (the Regime). ...
Earn-out consideration under a scheme of arrangement – the art of the possible
The recent acquisition of an unlisted public company Crestone Holdings Limited has established a new market precedent involving the use of earn out consideration under a scheme of arrangement. ...
Major changes proposed to financial advice regime
Treasury has released a further consultation paper as part of the Quality of Advice Review, seeking feedback on interim proposals for changes to the regulatory regime governing financial advice. ...
ASIC's Corporate Plan shaped by emerging environmental, economic and technology trends
ASIC has released its four-year plan, which outlines its key areas of focus. Of these four priorities, three are new: Design and distribution obligations; Retirement decision making; Sustainable finance; and Technology risks. ...
New ASIC guidance on how superannuation and managed funds can avoid 'greenwashing'
Greenwashing in the promotion of managed investment and superannuation funds is one of ASIC's current corporate governance priorities as it continues to 'monitor the market … looking for misleading claims about ESG and sustainability'. ...
Federal Court finds cyber risk management is a critical obligation for financial services firms
The Federal Court handed down its judgment in proceedings brought by ASIC against RI Advice on 5 May 20221. It found that, as result of its failure to manage cyber security risks and cyber resilience, RI Advice breached its obligations to do all things necessary to ensure that the financial services covered by the licence were provided efficiently and fairly, and to have adequate risk management systems in place. ...
Should the Takeovers Panel have jurisdiction over schemes?
On Friday, the government released its long awaited consultation paper on a proposal to transfer jurisdiction over schemes which effect a control transaction to the Takeovers Panel. This proposal was originally foreshadowed in last year's budget, and the government is seeking feedback on the proposal by 3 June 2022. ...
ASIC Corporate Governance Taskforce Report
ASIC has released its first report focusing on director and officer oversight of non-financial risk in seven large financial services companies (the First Report). While the report focuses on financial services companies, ASIC points out expressly that all companies, regardless of sector, should read and engage with the findings of this report. ...
ASIC consults on relief for superannuation calculators and forecasts
ASIC has released Consultation Paper 351: Superannuation forecasts: updates to relief and guidance seeking feedback on proposals to extend and expand the relief for superannuation calculators and retirement forecasts. It has also released the draft relief instrument and draft regulatory guide. ...