581-590 of 593 results
Recent decision on FoFA advice provisions - ASIC v NSG
The recent case of ASIC v NSG Services Pty Ltd considers the FoFA best interests and appropriate advice provisions, as well as obligations of licensees. While the facts of the case provide an extreme example of how advisers and licensees can fail to comply with these duties, it also provides some us ...
Adviser misconduct and client losses - ASIC's views
ASIC has released a consultation paper about client review and remediation programs to address client losses because of adviser misconduct Partners Michelle Levy and Malcolm Stephens look at what ASIC says a licensee should do if they identify systemic misconduct by advisers providing personal ...
The beginning of the end of the unit trust's monopoly? A look at corporate CIVs
The Board of Taxations report on tax arrangements applying to collective investment vehicles advocates extending tax neutrality to three additional collective investment vehicles corporates modelled on the Luxembourg SICAV limited partnerships and common contractual funds In this issue we examine ...
Providing digital financial product advice to retail clients
ASIC is consulting on a new regulatory guide for providers of digital financial product advice or robo-advice The regulatory guide is intended to help new entrants and existing Australian financial services licence holders For new entrants and licensees needing a reminder there is a nice summary of ...
ASIC getting a bigger toolkit sooner than expected
In its response to the capability review into ASIC the Federal Government has made a commitment to accelerate the implementation of a product intervention power for ASIC and the product design and distribution obligations for the financial services industry but it left to one side some other ...
A long time coming: The Retirement Income Streams Review Report
Going into the 2013 election the present Government promised a review of the regulatory framework for retirement income streams Today the Government finally released its report It has been a long time coming And while the main outcome - a new category of tax effective pensions and annuities - will ...
Seeking judicial advice on whether to seek judicial advice
For more than 150 years trustees have been able to obtain advice from courts on matters affecting the management or administration of trust property and on matters respecting the interpretation of trust deeds Trustees would usually only seek such advice however if they had doubts about a proposed ...
Post-election policy recap
As the dust settles following the recent federal election it is a good time to reflect on what we can expect from the re-elected Coalition Government for the financial services sector There are two main groups of policy proposals that are going to need to get through Parliament The first is the ...
Conflicts of interest and the duty to manage them
The Corporations Act 2001 Cth was amended in 2004 to include an additional obligation for Australian financial services licensees to have in place adequate arrangements for the management of conflicts of interest that may arise in relation to the activities undertaken by the licensees in the ...
Practical pitfalls and the sacrosanct limitation of liability clause
Commercial trusts could not operate without limitation of liability clauses however getting a limitation of liability clause just right is very challenging ...