431-440 of 1001 results
Officer without office: High Court rules persons can be company officers despite absence of official title
The recent decision of the High Court of Australia in ASIC v King considers the meaning and scope of the term 'officer', as defined in s9 of the Corporations Act 2001 (Cth), and contains important if non-binding observations on how the term may catch bankers and other third parties. ...
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. ...
Financial advice relief – all talk and no-action
We said at the outset of this pandemic that financial advice will play an important role in supporting members who are considering whether to access their super early. Alive to that, ASIC recently released a series of measures to facilitate access to financial advice ...
Green finance
Australia's 'green finance' market continues to grow steadily in response to global environmental challenges and to support sustainable development. Innovative financial products continue to be developed to direct capital towards green projects and to promote sustainability causes or ESG-related per ...
Carbon farming and the Emissions Reduction Fund / Climate Solutions Fund
The legislative regime for the generation of carbon credits from voluntary emissions reduction projects (otherwise known as 'carbon farming') in Australia was first established in 2014. ...
Providing financial services 'fairly'
The recent Federal Court decision in ASIC v AGM Markets has provided some much needed clarification of what it means to provide financial services 'fairly' in the context of the 'efficiently, honestly and fairly' obligation. ...
Retail banking and responsible lending during COVID-19
The sudden and unknown nature of COVID-19 has triggered a global economic shock, and disrupted Australia's economy. As we enter a national state of economic 'hibernation', banks and lenders are grappling with a sudden influx of relief requests from consumer and business customers. ...
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 ...
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. ...
The when and what of the new breach reporting regime
All signs point to the final tranche of the Hayne Royal Commission exposure draft Bills being introduced before the end of the year, and their focuses will include something that is a favourite topic here at Unravelled, and is of considerable interest to our clients – breach reporting. We explain the new regime's timing and effects. ...