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ASIC announces fintech licensing exemptions
Insight 19 Dec 2016

As part of its implementation of the regulatory sandbox for fintech companies ASIC is providing relief for certain fintech businesses from the obligation to hold an Australian financial services or Australian credit licence Relief may be available for up to 12 months and may be useful to businesses ...

Crowd sourced equity funding to gain traction with new legislation
Insight 23 Mar 2017

After a difficult journey both Houses have passed the Corporations Amendment Crowd-sourced Funding Bill 2016 - introducing a new funding avenue for Australian startups and an opportunity for retail investors to access equity in emerging companies ...

Lessons from Singapore's new collective investment vehicle
Insight 13 Apr 2017

This Insight examines the lessons from Singapore's new collective investment vehicle ...

Practical pitfalls and the sacrosanct limitation of liability clause
Insight 07 Oct 2016

Commercial trusts could not operate without limitation of liability clauses however getting a limitation of liability clause just right is very challenging ...

ASIC's report on financial advice
Insight 07 Apr 2017

ASIC has recently released a report about its work with the big four banks and AMP on adviser misconduct The report is essentially an update on the progress of ASICs Wealth Management Project and mostly contains information we already know The most interesting part deals with the results of ASICs ...

New APRA prudential standard raises bar for information security obligations and incident notification requirements
Insight 15 Nov 2018

As companies and regulators across the world grapple with ever-increasing cyber security threats, Australia's financial services regulator, APRA, has released the final form of a new prudential standard, which imposes heigtened security obligations for APRA-regulated entities ...

The Royal Commission heats up
Insight 09 Apr 2018

The Royal Commission into Misconduct in the Banking Superannuation and Financial Services Industry is well underway with its first round of public hearings wrapping up less than a month ago By reference to a number of case studies the first round of hearings focused on consumer lending practices In ...

ASIC's report on member experience of superannuation - ASIC continues to set a high bar
Insight 06 Jul 2017

ASIC Report 529 Member experience of superannuation released just a day before the Productivity Commission officially sets its sights on assessing the state of the superannuation system serves as a timely reminder of the ever-increasing expectations of the conduct and disclosure practices of ...

The beginning of the end of the unit trust's monopoly? CCIV legislation and ASIC guidance
Insight 09 Nov 2017

Avid readers of Unravelled over the past few years cannot have failed to notice that there are moves afoot to introduce two new forms of collective investment vehicle each promising a shiny tax-neutral alternative to the unit trust and hopefully saving Australian lawyers a lot of sleepless nights ...

Reporting significant breaches - or something that may (or may not) be a breach?
Insight 05 May 2017

The Taskforce established by Treasury to consider ASICs enforcement powers released its first consultation paper a few weeks ago on breach reporting We examine the most significant of the Taskforces 12 preliminary positions ...

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