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ASIC Corporate Governance Taskforce Report
Insight 04 Oct 2019

ASIC has released its first report focusing on director and officer oversight of non-financial risk in seven large financial services companies (the First Report). While the report focuses on financial services companies, ASIC points out expressly that all companies, regardless of sector, should read and engage with the findings of this report. ...

Senate may disallow FoFA regulations
Insight 19 Nov 2014

Senators Jacqui Lambie and Ricky Muir this morning joined a group of cross-bench Senators in announcing that they would vote with Labor and the Greens to disallow the Governments FoFA regulations made in June this year - the Corporations Amendment Streamlining Future of Financial Advice Regulation ...

ASIC's enforcement decisions - is litigation the most effective deterrent?
Insight 02 Sep 2014

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 ...

Back to a future for employee share scheme options
Insight 17 Oct 2014

After talks of introducing a special tax regime for employee options in start-ups, the Federal Government has reverted back to the global norm of employee options granted by all companies generally being taxed on exercise ...

Linklaters Insights: New board pay rules - are they working?
Insight 29 Oct 2014

FTSE 100 companies have consulted far more widely with their shareholders on board pay and there have been far fewer shareholder revolts on pay as a result These are among the key findings of a Linklaters report analysing how FTSE 100 companies - throughout the 2014 AGM season - have reacted to the ...

Thriving in an era of scrutiny: Culture and conduct
Insight 06 May 2019

Legal and compliance leaders should act now to combat serious and increasing legal and reputational risk ...

ASIC's enforcement powers may receive a boost
Insight 05 Feb 2015

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 ...

Risk management - what, if anything, does the 'three lines of defence' model do?
Insight 05 Nov 2014

From 1 January 2015 a new common risk management prudential standard will apply to banks general insurers and life companies and in many cases to other companies in the corporate groups in which those institutions sit Michael Mathieson looks at the three lines of defence model that APRA proposes to ...

Should APRA's prudential standard-making powers extend to directors' duties?
Insight 05 Nov 2014

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 ...

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