101-110 of 374 results

The ins and out (goings) of responsible lending
Insight 13 Nov 2018

Very broadly speaking current legislation relating to responsible lending says that a person must not recommend or make an unsuitable loan to a consumer - an unsuitable loan being one that either does not meet the consumers requirements and objectives or imposes repayment obligations that they are ...

AFCA's powers and obligations - 'systemic issues'
Insight 13 Nov 2018

In his Interim Report, Commissioner Hayne rejected claims that misconduct in the financial services sector was the fault of 'a few bad apples' and did not raise 'broader or systemic concerns. This Insight considers what can and should be done about such systemic issues. ...

Efficiently, honestly and fairly - overarching and fundamental obligations?
Insight 11 Oct 2018

In his recent Interim Report into Misconduct in the Banking Superannuation and Financial Services Industry Commissioner Hayne makes a lot of the duties of an Australian financial services licensee and an Australian credit licensee to provide financial services or credit activities as the case may be ...

Royal Commission: Round 3 - experiences with SME lending
Insight 02 Oct 2018

The third round of the Royal Commissions hearings concerned lending practices to small and medium enterprises SMEs The hearings considered a range of case studies ...

Royal Commission: Round 4 - experiences with financial service entities in regional and remote communities
Insight 02 Oct 2018

In the Interim Report the Commissioner identifies four principal issues relating to agricultural lending ...

Royal Commission: Round 2 - experiences with financial advice
Insight 02 Oct 2018

Although the Commissioner says that the Royal Commission is part of the executive and not the judiciary and that he is therefore not able to make any findings of law he comes pretty close in his views in response to Round 2 And in some important respects those views do not correspond with ...

Royal Commission: Round 1 - experiences with consumer lending practices
Insight 02 Oct 2018

In examining the topic of consumer lending the Commission considered issues arising from the sale of credit products ndash including residential mortgages car finance and credit cards - by reference to case studies involving the four major banks as well as Aussie Home Loans and Citi ...

Treasury proposes tougher penalties for corporate and financial sector misconduct
Insight 26 Sep 2018

The Federal Government has released exposure draft legislation for public consultation that if enacted will implement many of the recommendations of the ASIC Enforcement Review Taskforce to strengthen the penalty regime for corporate and financial sector misconduct Partner Simun Soljo and Lawyer ...

Close and continuous monitoring - the new ASIC approach of embedding its officers in banks
Insight 19 Sep 2018

ASIC has recently announced a new supervisory approach that involves embedding ASIC officers in the four major banks and AMP ...

Are CCIVS the beginning of the end for the Unit Trust's monopoly?
Insight 19 Sep 2018

The Federal Government has proposed to introduce two new forms of collective investment vehicle – each a shiny, tax-neutral alternative to the unit trust. ...

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