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What do the product intervention powers of the UK financial conduct regulator look like?
If you have been following the Financial System Inquiry you will not have missed the idea of giving the Australian Securities and Investments Commission ASIC additional product intervention powers These powers exist in the UK What do they look like This question is more relevant than ever right now ...
Big Data v 'personal advice' - an unequal contest?
There is a contest underway between two heavyweights In one corner of the ring we have Big Data In the other corner we have the definition of personal advice in section 766B3 of the Corporations Act ...
ASIC clamps down on SMSF advice
ASIC has outlined its expectations for financial advice where the client is advised to set up a self-managed superannuation fund ASIC has done so in two publications released yesterday - one deals with the risks associated with SMSFs information sheet 205 and the other with the costs information ...
APRA's assessment of life insurers: 'must try harder'
As an institution APRA can be partial to bureaucratese As keen readers of APRAs writings we sometimes find ourselves asking ndash what is APRA really saying here And that is a question worth asking when reading APRAs recent letter to life companies setting out its concerns with group insurance ...
The beginning of the end of the unit trust's monopoly?
It is surprising the Federal Government did not make more of its release on 4 June of the Board of Taxations report on tax arrangements applying to collective investment vehicles We can only assume that the government was slightly embarrassed that the report handed to the previous government in 2011 ...
Full Federal Court rules against agreed civil penalties
Ecstasy cocaine and industrial action at a construction site are unlikely subjects for an article on financial services regulation They are however the things that have led to what could be a significant change to the way in which financial services regulators like ASIC and APRA can resolve civil ...
ASIC publishes draft funds management guidance
ASIC has released draft updates to four existing Regulatory Guides and drafts of two new Regulatory Guides for managed investment schemes corporate collective investment vehicles and passport funds and announced a consultation period which will run until 8 December Partners Marc Kemp and Penny ...
2017 Budget: increased scrutiny on competition in the financial system
The financial services sector has been under scrutiny for some time with many different voices clamouring for further regulation or inquiries in a sector that is already highly regulated The recent Federal Budget included a number of measures focused on the state of competition in the financial ...
Can super really help housing affordability (and I have not asked should it)?
The 2017 Budget included proposals intended to reduce pressure on housing affordability Two of them use the superannuation system to do so the First Home Super Saver Scheme and the Reducing Barriers to Downsizing proposal Partner Michelle Levy examines the schemes in more detail ...
Private equity under the spotlight - ASIC cracks down on offers of stub-equity in proprietary companies
ASIC is clamping down on the use of an offer of stub-equity in a proprietary company as an alternative form of consideration in public control transactions. ...