21-30 of 69 results
New ASIC guidance on how superannuation and managed funds can avoid 'greenwashing'
Greenwashing in the promotion of managed investment and superannuation funds is one of ASIC's current corporate governance priorities as it continues to 'monitor the market … looking for misleading claims about ESG and sustainability'. ...
Federal Court finds cyber risk management is a critical obligation for financial services firms
The Federal Court handed down its judgment in proceedings brought by ASIC against RI Advice on 5 May 20221. It found that, as result of its failure to manage cyber security risks and cyber resilience, RI Advice breached its obligations to do all things necessary to ensure that the financial services covered by the licence were provided efficiently and fairly, and to have adequate risk management systems in place. ...
Should the Takeovers Panel have jurisdiction over schemes?
On Friday, the government released its long awaited consultation paper on a proposal to transfer jurisdiction over schemes which effect a control transaction to the Takeovers Panel. This proposal was originally foreshadowed in last year's budget, and the government is seeking feedback on the proposal by 3 June 2022. ...
ASIC consults on relief for superannuation calculators and forecasts
ASIC has released Consultation Paper 351: Superannuation forecasts: updates to relief and guidance seeking feedback on proposals to extend and expand the relief for superannuation calculators and retirement forecasts. It has also released the draft relief instrument and draft regulatory guide. ...
ASIC publishes updated guidance on hawking reforms
Under the new hawking prohibition in sections 992A and 992AA of the Corporations Act 2001 (Cth) (Corporations Act), a person must not offer a financial product to a retail client (consumer) in the course of, or because of unsolicited, real-time contact. ...
October compliance deadlines: rounding up the last-minute changes
October marks the commencement of the design and distribution obligations (DDO) regime, the deferred sales model for add-on insurance (DSM), changes to the anti-hawking rules, refreshed standards for internal dispute resolution systems and, to top it all off, a new breach reporting regime. ...
Enforcement and litigation risk in insurance 2021
There is a growing appetite for litigation and regulatory enforcement in the insurance industry. In the wake of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (the Financial Services ...
Consultation period has closed for draft FAR Bill
On 13 August 2021, consultation closed on the various documents issued by Treasury in relation to the much anticipated Financial Accountability Regime (FAR). ...
Are you ready for the new breach reporting regime?
ASIC has released a consultation paper on its draft regulatory guidance for the new (read onerous and wide-ranging) breach reporting regime, which is to commence on 1 October 2021. The release, on 22 April 2021, followed the Financial Sector Reform (Hayne Royal Commission Response) Act 2020 ...
Transferring jurisdiction over schemes from the courts to the Takeovers Panel
In the federal budget, the Treasurer announced funding for a public consultation process to consider broadening the jurisdiction of the Takeovers Panel to include members' schemes of arrangement. The idea of transferring jurisdiction over schemes from the courts to the Panel is not a new one. ...