641-650 of 854 results
High Court examines powers of responsible entities
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. ...
Foreign pension funds to access reduced withholding tax rate
Legislation has been introduced into Federal Parliament to allow foreign pension funds to access the managed investment trust withholding tax regime with effect from 1 July 2008 Partner Katrina Parkyn and Associate Scott Lang examine the proposed legislation and its implications for foreign pension ...
The UK's focus on personal accountability for bank employees: a sign of things to come?
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 ...
Proposed industry funding model for ASIC
Treasury has released a Consultation Paper seeking comments on a proposed industry funding model for ASIC Under the proposed model the costs of ASICs regulatory activities will be recovered directly from the companies and other entities that are regulated by ASIC - at a direct cost to industry of ...
Court confirms life easier for default interest clauses post-Paciocco
New South Wales Court of Appeal case Arab Bank Australia v Sayde Developments considered the application of penalties doctrine to default interest rate provisions in load agreements post the high court's libera approach to the doctrine in Paciocco v ANZ. ...
Product design and distribution rules
On 13 December 2016 Treasury released a paper seeking feedback on the proposed financial product design and distribution obligations and proposed product intervention powers for ASIC The proposals are intended to create new accountability obligations for product issuers and distributors On one view ...
A framework for CIPRs or just more work for super trustees?
Treasury released a paper seeking feedback on a framework for Comprehensive Income Products for Retirement. It will permit trustees to offer members on a 'soft default' basis 'mass-customised, composite retirement income products' and, to encourage trustees ...
Review into four major banks - money for consultants?
The Parliamentary Economics Committee released its report following its review into Australias four major banks yesterday Our Financial Services Regulation team has a look at the recommendations in this update ...
Updated fee and cost disclosure - transition period extended
ASIC has today announced that superannuation fund trustees and responsible entities will have until 1 October 2017 to comply with the updated fee and cost disclosure rules for PDSs set out in ASIC Regulatory Guide 97 and ASIC Class Order 141252 - but only if they comply with certain conditions ...
Are super funds and managed investment schemes the next frontier for shareholders with activist agendas?
A recent Federal Court appellate decision highlights the fundamental tension in the Corporations Act between shareholders power to propose resolutions at members meetings and the proposition that a company is to be managed by its Board of directors ...