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New measures on resilience, collateral protection and client money
Insight 22 Dec 2015

The Government yesterday released for consultation draft legislation containing resilience and collateral protection measures Think payment systems netting and derivatives But also think superannuation trustees and life companies investing in centrally-cleared OTC derivatives - and restrictions on ...

Fighting to protect Fintech innovations
Insight 03 Dec 2014

The growth of financial services technology or Fintech as it is now called has exploded in recent years yet many of its creators dont realise that their innovations are patentable ...

ASIC targets superannuation trustees on financial advice fees
Insight 23 May 2024

On 9 May 2024, ASIC released its report, REP 781 Review of superannuation trustee practices protecting members from harmful advice charges, outlining findings from its review of progress by superannuation trustees in addressing risks of member harm from poor financial advice and inappropriate advice ...

Regulating crypto: Government releases consultation paper on proposed licensing and custody requirements
Insight 24 Mar 2022

The Federal Government is seeking feedback on a proposed new licensing regime for crypto asset secondary service providers (CASSPrs) and new requirements regulating custody of crypto assets. The new regime would potentially sit alongside the existing AFS licensing regime, with possible overlap and inconsistency in treatment of service providers. The Government is also seeking early views on how crypto assets should be defined and categorised as part of a 'crypto mapping' exercise. The consultation period runs until 27 May 2022. ...

Expanded ban on employer incentives for super - amendment passed in the Senate
Insight 15 Feb 2019

The Senate has passed amendments that will greatly expand the scope of the prohibition on trustees and their associates providing incentives to employers in section 68A of the Superannuation Industry Act 1993 ...

Federal Court and ASIC shine spotlight on supervisory and risk management requirements for CAR arrangements
Insight 17 Apr 2024

In its recent decision in Australian Securities and Investments Commission v Lanterne Fund Services Pty Limited [2024] FCA 353, the Federal Court highlighted the risk of breach of the general obligations of Australian financial services (AFS) licensees under the Corporations Act 2001 (Cth) (the Act) ...

Superannuation, funds and insurance sector reforms: the year ahead in 2020 and beyond
Insight 23 Jun 2020

As the dust settles on a raft of COVID-19 related disruptions to various proposed legislative and regulatory reforms, the Allens team takes stock of the current regulatory reform proposals in the superannuation, funds and insurance sectors which have been mooted for the tail end of 2020 and early 2021. ...

Superannuation retirement phase - lessons from recent UK annuity changes
Insight 04 Jun 2014

A key risk faced by self-funded retirees is the possibility that their superannuation savings will not last as long as they will While lifetime pensions and annuities issued by life companies can assist in addressing this risk there has traditionally been a relatively low uptake of these products by ...

It's finally here – BNPL to be incorporated into the existing consumer credit regulatory framework
Insight 26 Mar 2024

In this Insight, we explain key elements of the Treasury Laws Amendment Bill 2024: Buy now, pay later (the Draft Bill) and canvass some of the issues that BNPL providers will need to consider. ...

Australia - Fund Finance 2024, 8th Edition
Insight 31 Jan 2024

Fund financing activities in Australia remained strong in 2017 with particular focus on infrastructure private equity funds and private debt funds all of which took advantage of the additional liquidity and funding flexibility in this market ...

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