31-40 of 82 results
Whistling in the wind: clarification on the limited retrospective application of the corporate and tax whistleblower protection regime
The Full Court of the Federal Court of Australia has unanimously determined that the updated whistleblower protections that came into effect on 1 July 2019 do not apply to detrimental conduct engaged ...
ASIC v CBA: s912A does not require perfection
In this Insight, we examine the court's interpretation of the s912A obligation and provide guidance on mitigating misleading and deceptive conduct risk for AFS licenses. ...
MAC conditions: more disclosure but no real change to market practice
MAC conditions have long been a feature of managing completion risk in public M&A transactions in Australia—utilising triggers based on either or both quantitative and qualitative measures. However, in 2022 ASIC published its concerns on the formulation of these conditions and, in particular, its expectation that MAC conditions include objective and 'quantifiable' triggers. ...
ASIC spotlight on compliance with client money rules in superannuation
ASIC has recommended all superannuation trustees should review their compliance with s1017E of the Corporations Act after a thematic review found widespread 'deficiencies'. ...
Impact of COVID-19 on superannuation
Like all industries, the superannuation industry is facing some immense challenges in light of the rapidly developing COVID-19 pandemic. This Insight considers some of the more topical issues the industry is facing ...
ASIC ramps up greenwashing-related regulatory interventions, targeting managed funds and ASX listed entities
ASIC's latest report, ASIC's recent greenwashing interventions (the Report), outlines its recent surveillance activities and regulatory interventions to tackle misleading marketing and greenwashing. ...
Design and distribution obligations for investment products – ASIC's latest expectations
ASIC has released Report 762 (the Report) following its recent review into how investment product issuers are complying with the Design and Distribution Obligations (DDO) regime. The report summarises ASIC's findings and highlights areas for improvement. ...
Breach reporting
In this Insight, we provide an overview of the Regulatory Guidance 78: Breach reporting by AFS licensees and credit licensees (RG 78) updates, and discuss some of the issues ASIC has left on the table for round two. ...
ASIC report on life insurance in superannuation
ASIC report on life insurance in superannuation and actions for superannuation trustees. In this Insight, we highlight further action superannuation trustees should be taking as identified in the Report against the backdrop of their regulatory obligations. ...
13 recommendations to mitigate risk in sustainability statements and greenwashing
This Insight considers some key emerging trends in ASIC's and the ACCC's enforcement activities around greenwashing and sustainability that will be major themes in 2023. ...