521-530 of 592 results
ASIC seeking feedback on electronic disclosure proposals
The Australian Securities and Investments Commission is seeking feedback on proposals to help facilitate the increased use of electronic means of providing disclosure for financial products and services The proposals include new class order relief to facilitate the increased use of multimedia ...
The fiduciary duty of mortgage brokers?
There is lots of noise about the duties of financial advisers and lawyers including us love to debate whether FoFA has left any room for fiduciary obligations ...
Big Data v 'personal advice' - an unequal contest?
There is a contest underway between two heavyweights In one corner of the ring we have Big Data In the other corner we have the definition of personal advice in section 766B3 of the Corporations Act ...
Risk management - what, if anything, does the 'three lines of defence' model do?
From 1 January 2015 a new common risk management prudential standard will apply to banks general insurers and life companies and in many cases to other companies in the corporate groups in which those institutions sit Michael Mathieson looks at the three lines of defence model that APRA proposes to ...
FoFA amendments made
The Federal Government has made the 'time critical' FoFA amendments with new regulations saying that any financial product advice provided to an employer about their default superannuation fund is a financial service provided to a retail client. ...
Linklaters Insights: Legal implications of the Greek debt crisis
After months of political stalemate in negotiations with its creditors to unlock access to bailout funds the Greek government has announced a referendum on proposed bailout conditions an extended bank holiday and the imposition of capital controls ...
Funding a Fund: The growth of the capital call facility
The Australian corporate debt market is primed for growth, with an increase in the number of funds providing direct lending as an alternative source of financing to the traditional lending dominated by domestic banks. ...
Nudge, nudge, think, think - ASIC and behavioural economics
In 2014 ASIC started promoting the use of behavioural economics in its regulatory activities Two reports recently released by ASIC provide clues as to how ASIC may try to counteract behavioural biases in the future ...
ASIC's enforcement decisions - is litigation the most effective deterrent?
We have previously reported on ASICs submission to the Financial System Inquiry FSI and in particular its assertion that it needs a broader range of more onerous financial penalties in order to punish and deter corporate wrongdoing ASIC made similar submissions to the recent inquiry by the Senate ...
Can product suitability rules succeed where disclosure has failed?
One of the more interesting possibilities raised in the Interim Report of David Murrays Financial System Inquiry is the introduction of product suitability requirements as a complement to the current disclosure regime The Interim Report presents a case for change but does not set out in detail what ...