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Changes to tax rules for offshore investment
Insight 17 Sep 2014

A Bill is currently before Federal Parliament that will more closely but not completely align the foreign non-portfolio dividend NANE treatment with debtequity concepts Partner Martin Fry and Senior Associate Jennifer Richards report on the changes ...

Superannuation and the Government's response to the FSI
Insight 06 Nov 2015

The Governments response to the FSIs superannuation recommendations is as with much of the rest of the responses somewhat safe and as a result arguably disappointing As with the Inquirys recommendations it shifts from the sublime to the ridiculous ndash on the one hand it deals with the really ...

Regulating bonuses: will Australia be next?
Insight 05 Aug 2015

The UKs Financial Conduct Authority and Prudential Regulation Authority released rules in June this year to further tighten what are already fairly onerous restrictions on the payment of bonuses to staff in banks building societies and certain big investment firms The worlds financial regulators ...

Draft rules published for mandatory central clearing of derivatives and single-sided reporting
Insight 03 Jul 2015

ASIC has published draft rules for mandatory central clearing of certain derivatives while Treasury has published draft regulations that would permit single-sided reporting of Over-the-Counter Derivatives in some situations Partner Tom Highnam and Lawyer David Lewis discuss the implications of these ...

Trowbridge - a bridge too far?
Insight 04 Jun 2015

In October 2014 ASIC released its report into retail life insurance advice practices The findings were pretty grim - with poor advice being more common than good or even adequate advice ASIC said that advisers were motivated by the promise of commissions not the interests of their clients Following ...

Full Federal Court rules against agreed civil penalties
Insight 04 Jun 2015

Ecstasy cocaine and industrial action at a construction site are unlikely subjects for an article on financial services regulation They are however the things that have led to what could be a significant change to the way in which financial services regulators like ASIC and APRA can resolve civil ...

Blockchain reaction update - ASIC joins chorus on ICO regulation
Insight 03 Oct 2017

While ASIC has published information on the issue of coins or tokens in initial coin offerings other regulators around the world have also been issuing guidance with some taking a much more restrictive approach Although Australia remains a relatively friendly regulatory environment for such ...

Extraordinary new power proposed for APRA
Insight 12 Sep 2017

The proposed draft of the Financial Sector Legislation Amendment (Crisis Resolution Powers and Other Measures) Bill 2017, will be giving new powers to the APRA in relation to the authorised non-operating holding company and other related bodies corporate of APRA-regulated entities ...

Spring overhaul of Australia's market licensing regime
Insight 04 Oct 2017

Australias market licensing regime has long been crying out for an overhaul with regulatory guidance that largely dates back to the early 2000s struggling in the face of significant developments in financial markets since then Fortunately ASIC has taken heed and is due to release an updated market ...

ASIC releases consultation paper on regulatory sandbox exemption for startups
Insight 09 Jun 2016

ASIC has released a consultation paper on proposals to facilitate innovation in the financial services sector The proposals include details of the long-awaited regulatory sandbox It will be of interest to both emerging companies who may rely on the relief as well as investors in this space Senior ...

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