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High Court examines powers of responsible entities
Insight 07 Nov 2014

The High Court has reaffirmed the powers of a responsible entity are ultimately derived from the scheme's constitution, but the exercise of those powers is constrained by the statutory and fiduciary duties imposed on the responsible entity. ...

Proposed disallowance of FoFA 'streamlining' regulation fails
Insight 02 Oct 2014

A motion to disallow the vast majority of the provisions of the Corporations Amendment Streamlining Future of Financial Advice Regulation 2014 has failed Associate Rosie Thomas and Senior Regulatory Counsel Michael Mathieson report ...

What do the product intervention powers of the UK financial conduct regulator look like?
Insight 02 Sep 2014

If you have been following the Financial System Inquiry you will not have missed the idea of giving the Australian Securities and Investments Commission ASIC additional product intervention powers These powers exist in the UK What do they look like This question is more relevant than ever right now ...

Big Data v 'personal advice' - an unequal contest?
Insight 05 Nov 2014

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 ...

Lend Lease Development - will the High Court be moved on what 'moves' the transfer?
Insight 08 Sep 2014

In Lend Lease Development Pty Ltd v Commissioner of State Revenue, the Victorian Court of Appeal decided that certain 'development contributions' made by a purchaser to a vendor did not form part of the consideration that 'moved' the transfer of land to the purchaser. ...

The beginning of the end of the unit trust's monopoly? A look at limited partnerships
Insight 06 Oct 2015

Board of Taxation's report on tax arrangements applying to collective investment vehicles, released by the Federal Government on 4 June 2015. ...

ASIC clamps down on SMSF advice
Insight 25 Jul 2015

ASIC has outlined its expectations for financial advice where the client is advised to set up a self-managed superannuation fund ASIC has done so in two publications released yesterday - one deals with the risks associated with SMSFs information sheet 205 and the other with the costs information ...

The UK's focus on personal accountability for bank employees: a sign of things to come?
Insight 04 Sep 2015

Last month we discussed the carrot in the UK Parliamentary Commission on Banking Standards - how the regulators are making sure remuneration for bank staff encourages prudent risk behaviour This month we are looking at the stick - how the UK is strengthening regulators enforcement armoury to enable ...

A new dawn for crowd sourced equity funding?
Insight 05 Feb 2015

CAMAC and the FSI have acknowledged that the current Australian regulatory settings are hostile to crowd sourced equity funding A recently released Treasury Discussion Paper has considered three options for law reform and what each might mean for the development of this innovative form of capital ...

APRA's assessment of life insurers: 'must try harder'
Insight 03 Jul 2015

As an institution APRA can be partial to bureaucratese As keen readers of APRAs writings we sometimes find ourselves asking ndash what is APRA really saying here And that is a question worth asking when reading APRAs recent letter to life companies setting out its concerns with group insurance ...

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