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'Tough cop' ASIC vs a Royal Commission
Insight 04 May 2016

Has talk of a royal commission turned the ASIC Capability Review into an unlikely catalyst for an enhanced enforcement agenda With Labor pushing hard for a royal commission into the banking and financial services industry and an election looming the Government moved swiftly to announce broad reform ...

Conflicts of interest and the duty to manage them
Insight 09 Aug 2016

The Corporations Act 2001 Cth was amended in 2004 to include an additional obligation for Australian financial services licensees to have in place adequate arrangements for the management of conflicts of interest that may arise in relation to the activities undertaken by the licensees in the ...

A reprieve for ASIC and APRA ... but not for the FCA
Insight 02 Jun 2016

ASIC and APRA often cop flak from various quarters including from us and so today for something different we train our sights on the Financial Conduct Authority in the UK What the FCA has said about providing personal advice to retail clients is interesting debatable and likely to induce a strong ...

Local issuers, international format
Insight 31 Aug 2016

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 ...

AIFMD - the future of marketing to European investors
Insight 31 Jul 2015

The European Securities and Markets Association has published its initial advice and opinion on the functioning of the marketing passport and national private placement regimes since the implementation of AIFMD and the possibility of extending the marketing passport to non-European fund managers ...

Allens insights: Opportunities in infrastructure - 2015
Insight 16 Dec 2015

The World Bank has released its Benchmarking Public Procurement 2016 report which provides comparable data on regulatory environments that affect the ability of private companies to do business with governments in 77 economies Allens Partner Leighton OBrien and Linklaters Counsel Julia ...

Bank capital - where to from here?
Insight 01 Apr 2015

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 ...

Directors' duties and the interests of 'APRA beneficiaries'
Insight 02 Sep 2014

The interim report of the Financial System Inquiry FSI asks whether directors in different parts of the financial system should have different duties ...

The disallowance of the FoFA Streamlining Regulation - what has been missed in all the noise?
Insight 03 Dec 2014

The Senates disallowance of the Corporations Amendment Streamlining Future of Financial Advice Regulation 2014 was messy However the same could be said of the process by which FoFA was originally enacted ...

Federal Government's bold vision for data availability and use
Insight 04 May 2018

The Federal Governments response to the Productivity Commissions report on data availability and use released this week outlines a bold vision but has a surprising lack of detail suggesting implementation is likely to be some way off If legislation is introduced the new regime will result in a ...

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