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Linklaters Insights: Business Crime Quarterly
In the latest edition of Business Crime Quarterly our global alliance partner Linklaters with input from Allens looks at issues including the release of the Australian Governments long-awaited report on the statutory review of the Anti-money Laundering and Counter-terrorism Financial Act a number of ...
Designing effective remediation programs
ASIC issued Regulatory Guide 256 Client review and remediation conducted by advice licensees late last week In short RG 256 says an Australian financial services licensees duty to provide financial services efficiently honestly and fairly means they have to take responsibility for the consequences ...
Local issuers, international format
At the same time as more international issuers appear to be looking at international programme formats for their Australian dollar issuance so Australian borrowers are contemplating the use of EMTN programmes even for their domestic currency issuance ...
Linklaters Insights: Investing in Europe: What do Europe's new market abuse rules mean for investors?
If you have investments in European listed companies you should be aware of the EUs new Market Abuse Regulation and how it may impact you wherever in the world you are based ...
Class actions: A ten year survey
Class action risk has become a major issue for boards senior management and general counsel A key question often asked in that context is whether the changing nature of the class actions landscape poses an increasing area of risk for Australian corporates ...
Section 68A - undue attention to an inadequate remedy
Its not often that a section of the SIS Act makes the daily news but section 68A of the SIS Act has done just that following the publication of a report commissioned by Industry Super Australia It is startling how much weight ASIC and APRA are apparently giving to the report as its findings are not ...
Bank capital - where to from here?
If you have been following the debate about bank capital in recent months you could be forgiven for thinking there is only one issue how much capital should banks have to hold on account of their residential property lending activities However the Financial System Inquirys recommendations on bank ...
Section 54 of the Insurance Contracts Act: Putting insureds in the driver's seat
A recent High Court decision highlights the substantial scope of s541 of the Insurance Contracts Act 1984 Cth to prevent an insurer from denying cover following an insureds non-compliance with certain terms of an insurance policy. ...
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 ...
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 ...