771-780 of 1065 results
Preparing a target market determination for a financial product
As the design and distribution obligations for issuers and distributors of financial products inch closer there is a good deal of hand-wringing taking place Much of it concerns what a target market determination should look like Guidance from the European Securities and Markets Authority on MiFID II ...
CCIVs: Lost in translation?
The long-awaited Exposure Draft containing the tax treatment of the proposed new corporate collective investment vehicle has been released for consultation. ...
Draft code of ethics for financial advisers - in need of much more work
You would be hard pressed to find a bigger load of nonsense than the draft code of ethics for financial advisers issued recently by the Financial Adviser Standards and Ethics Authority ...
Extensive recommendations on security of payment released
The Federal Government has released John Murray AMs report into Australian security of payment regimes The Review includes an extensive range of recommendations aimed at achieving legislative best practice and balancing the often competing interests of stakeholders Importantly it makes the case that ...
All that glistens isn't Goldsky – key learnings from the ASIC v Goldsky decision
The recent case of ASIC v Goldsky Global Access Fund raises a number of compelling questions (some of which we explore below), and fund managers would do well not to place too much stock in the judgment in support of arguments that a trustee of a wholesale fund may act as trustee with the benefit of ...
Make informal payment arrangements for construction work at your own peril
A recent decision of the New South Wales Supreme Court serves as a timely reminder that a construction contract under security of payment legislation can include an arrangement to carry out construction work that is not legally enforceable Managing Associate Nicholas Ng Associate Matt Thomas and ...
Allens' second-round submission to the FSI: the nature and quality of financial services regulation
On 26 August we lodged our submission in response to the Financial System Inquirys FSI Interim Report ...
Could superannuation cease to be prudentially regulated?
The Financial System Inquiry FSI has asked whether superannuation should cease to be prudentially regulated Is this idea likely to go anywhere Dont be so sure that it wont ...
Hayne report – first impressions
Commissioner Hayne's recommendations may initially seem somewhat modest – they do not undo vertical integration, impose limits on executive remuneration or ban bonuses and they do not recommend that directors prefer the interests of their customers. But, while it is true that the recommendations are not radical, there is much in the report that will mean some real changes for financial services companies, their Boards and their executives, as well as for their regulators and advisers. ...
Detailed analysis
In the Final Report, the Commissioner has found that, for the most part, whilst the legislative tools necessary to protect borrowers are already available, there have been significant shortcomings in ...