61-70 of 580 results
Should APRA's prudential standard-making powers extend to directors' duties?
In recent times APRA has been active in prescribing duties for directors of the institutions it regulates In light of what has happened it is worth asking should the question of directors duties be excluded from APRAs prudential standard-making powers ...
Consumer protection in the banking, insurance and financial sector
The Senate Economics References Committee is conducting an inquiry into the regulatory framework for the protection of consumers in the banking insurance and financial services sector ...
Consultation paper on Strategic Plan for the Australian payments system
Treasury has released a consultation paper on its Strategic Plan for the Australian payments system. The Commonwealth Government is seeking feedback on the proposed contents of the Strategic Plan, with submissions due by 6 February 2023. It is intended that the inaugural Strategic Plan will be released in the first quarter of 2023. ...
APRA releases Prudential Practice Guide SPG 530 (Investment Governance) for consultation
APRA has released for consultation its draft Prudential Practice Guide (Investment Governance) (SPG 530), which updates its existing guidance (now nearly a decade old) on how RSE licensees should practically implement updated Prudential Standard SPS 530 (SPS 530). ...
Strengthening the regulation of Buy Now Pay Later (BNPL) in Australia
As expected, increased regulation of the Buy Now Pay Later (BNPL) industry is becoming more likely following Treasury's release of the options paper, Regulating Buy Now, Pay Later in Australia (Options Paper). ...
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. ...
APRA discussion papers: financial resources for risk events and superannuation transfer planning
We provide an overview of the proposals and key implications for RSE licensees relating to APRA's discussion papers on financial resources for risk events and superannuation transfer planning ...
ASIC's insights from the Reportable Situations Regime
ASIC has recently published a paper (here) recording high-level insights on themes and trends observed in reports received from AFS and credit licensees under the new Reportable Situations Regime (the Regime). ...
A success for successor fund transfers – court finds that secret commission offence provisions do not apply
A recent decision in the Queensland Supreme Court should provide confidence to superannuation funds seeking to engage in successor fund transfers (SFTs) that they will not need to obtain the prior assent of the court or members before proceeding with the transaction, at least where Queensland and Victorian laws apply. ...
The first major overhaul of Australia's corporate insolvency regime in more than 30 years
On 28 September 2022, the Federal Government's Parliamentary Joint Committee on Corporations and Financial Services (Committee) announced an inquiry into corporate insolvency in Australia (Inquiry). The Inquiry is the first major review of Australia's corporate insolvency regime in more than 30 years. ...