61-70 of 224 results
DDO and PYS - two cases of madness
Lawyers working in the field of financial regulation have become inured to said regulation producing weird, unintended outcomes. Even so, there are two outcomes produced by recently enacted laws that are unequivocally crazy. ...
ASIC's no action position on the wholesale/retail test for self-managed super funds
The Australian Securities and Investments Commission has announced that it will take no action where a self-managed superannuation fund trustee is treated as a wholesale client notwithstanding that the trustee does not have to meet the 10 million net asset threshold even though the financial service ...
Running out of time for retirement income reform
The Government has released a consultation paper on the regulation of retirement income streams It says that the Government wants to encourage the development of more retirement products But this is old news and the paper offers few concrete policy proposals other than in the area of deferred ...
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 ...
ASIC's enforcement powers may receive a boost
In preparing its Final Report the FSI has clearly paid close attention to the report of the Senate Economics References Committees Report into ASICs performance and its recommendations designed to strengthen ASIC through a combination of better funding an enhanced regulatory toolkit and higher ...
Murray in a muddle over retirement incomes
A close reading of the retirement incomes chapter in the interim report of the Financial System Inquiry reveals a series of paradoxes ...
Should APRA's prudential standard-making powers extend to directors' duties?
In recent times APRA has been active in prescribing duties for directors of the institutions it regulates In light of what has happened it is worth asking should the question of directors duties be excluded from APRAs prudential standard-making powers ...
Life insurance, conflicted remuneration and commissions
The Bill to amend the conflicted remuneration provisions in the Corporations Act for life insurance has been introduced into Parliament a second time and draft regulations have been released for comment However we struggle to know how to describe them because the changes seem to have conflicting ...
Defining the objective of superannuation
The Government released a discussion paper on the Objective of Superannuation today The paper says that the Government will enshrine in legislation the primary objective recommended by the Financial System Inquiry being To provide income in retirement to substitute or supplement the Age Pension ...
What might the PC review into superannuation mean for fund investments?
The Productivity Commission Draft Report into the Efficiency and Competitiveness of Australias superannuation system weighing in at a substantial 549 pages contains a treasure trove of information on and analysis of a wide range of aspects of the industry ...