News & Analysis as of

What You Need to Know - Unfair Contact Terms Protection Starts 13 November 2016

Unfair terms in standard form contracts for consumers were outlawed in 2010. Now unfair terms in standard form contracts for small business will be outlawed as of 13 November 2016. Here, we set out what you need to know, and...more

The Financial Report - Volume 4, No. 20 - October 2015 (Global)

Last Friday, the Securities and Exchange Commission published a 41-page report that provides private fund industry statistics and trends. The report aggregates data supplied by more than 2,600 private fund advisers on Form...more

Australian Government Response to the Financial System Inquiry: Summary of the Government Response in Relation to Innovation

The Government has released its response to the Financial System Inquiry (better known as the "Murray Inquiry"). Further to our earlier report on the innovation and technology aspects of the Murray Inquiry (which can be found...more

Does Your Custody Agreement Comply?

All custody agreements will need to comply with new content requirements from 1 November 2015 as set out by the Australian Securities & Investments Commission (ASIC) in Regulatory Guide 133: Managed investments and custodial...more

The Financial Report - Volume 14, No. 18 - September 2015 (Global)

Casino games are designed with a house advantage. Mathematically, the house advantage is a measure of how much the house expects to win, expressed as a percentage of the player’s wager. The house advantage is the difference...more

ASIC releases its long term strategic priorities plan and focus for 2015-2016

ASIC recently released its Corporate Plan 2015-2016 to 2018-2019 and Focus for 2015-2016 (the Plan). The Plan summarises ASIC's vision, focus and long term strategic priorities, highlighting in particular the challenges...more

The Financial Report - Volume 4, No. 16 • August 2015 (Global)

CSA proposes harmonized reporting for the exempt market. The Canadian Securities Administrators (CSA) published for comment proposed amendments to National Instrument 45-106 Prospectus Exemptions that would introduce a new...more

Treasury Consultation Paper – Another Step Towards Crowd-Sourced Equity Funding

On 4 August 2015, the Treasury of the Australian Government released a consultation paper, facilitating crowd-sourced equity funding and reducing compliance costs (Consultation Paper). This follows the previous discussion...more

The Financial Report - Volume 4, No. 14 • July 2015 (Global)

US lawmakers seek push out details. US Senators Elizabeth Warren and Elijah Cummings sent a letter to the country’s banking regulators asking for information concerning the effect of an amendment to the Dodd-Frank act...more

Bitcoin Week in Review 07.20.15 – 07.24.15

Domestic Developments - Florida. Anthony Murgio and Yuri Lebedev, operators of bitcoin exchange service were arrested on July 21, 2015 for operating the exchange without a money transmission license. The U.S....more

Unpacking the Australian OTC Derivative Reporting Regime

The Australian government has released draft regulations implementing a single sided exemption from the trade reporting regime for over-the-counter (OTC) derivatives. Consultation on the regulations closed in late June and...more

ASIC Weighs In On Financial Benchmarks

In it, ASIC provides its view on the importance of benchmarks, identifies which Australian and international benchmarks it considers systemically important, summarises the various different regulatory responses and reforms...more

Is There Rhyme Or Reason To The Scope Of Permissible Reinsurance-Related Discovery?

Courts in numerous jurisdictions continue to consider whether reinsurance-related information is discoverable in insurance coverage litigation. Decisions go both ways. Some courts find that reinsurance information and...more

The Financial Report - Volume 4, No. 11 • June 2015 (Global)

FRB will extend high-quality liquid asset status to some state and municipal bonds. The FRB has proposed a rule that would recognize certain general obligation state and municipal bonds meeting the same liquidity...more

The Financial Report - Volume 4, No. 10 • May 2015 (Global)

Discussion and Analysis - One of the earliest, and certainly one of the most famous, computers of all time is HAL 9000, the sentient computer that controls the systems of the Discovery One spacecraft and interacts with...more

Cyber Resilience for Financial Services Entities

In March this year, the Australian Securities and Investments Commission (ASIC), issued Report 429 Cyber resilience: Health check (REP 429). The report aims to highlight the importance of cyber resilience for entities...more

Proportionate liability now dead for financial planners?

On May 13th, The High Court significantly diminished (and arguably removed) the benefit of proportionate liability provisions in the Corporations Act and the ASIC Act in its judgment of Selig v Wealthsure Pty Ltd [2015] HCA...more

Guide To Doing Business in Australia: Company Law (Updated)

COMPANY LAW - Some general matters relating to company law in Australia are discussed below. REGULATORY SCHEME - The Corporations Act principally regulates companies, their incorporation, the acquisition of...more

The Financial Report - Volume 4, No. 9 • May 2015 (Global)

Discussion and Analysis - Securities and investment advisory services offered through . . . That phrase is ubiquitous among small and “independent” financial services firms, regularly appearing in 6-point or...more

ASIC announces proposed regulatory guide for review and remediation in the industry

After several high profile remediation programs by financial advice organisations, the Australian Securities and Investment Commission (ASIC) has decided to prepare guidance for industry participants in how to develop and...more

The Financial Report - Volume 4, No. 7 • April 2015 (Global)

Discussion and Analysis - Last week, the Securities and Exchange Commission proposed to amend SEC Rule 15b9-1 under the Securities Exchange Act of 1934, which exempts certain broker-dealers from membership in a...more

The Financial Report - Volume 4, No. 6 • March 2015 (Global)

OSC Investor Advisory Panel annual report. The Ontario Securities Commission (OSC) Investor Advisory Panel submitted its 2013-14 annual report. The report summarizes the Panel’s current activities and priorities as well...more

Payday lenders remain a focus for ASIC

ASIC has released a statement as well as a video from Deputy Chairman Peter Kell setting out its agenda with respect to payday lenders. ...more

Australian Securities & Investments Commission (ASIC) reviews insurers’ outsourcing arrangements

ASIC has announced today that QBE has made changes to its outsourcing of ‘escalated complaints and dispute resolution’ to an Australian law firm following concerns raised by ASIC. ...more

AUSTRALIA: ASIC rules risk management facilities to be used by sporting organisations are financial products

On 28 January 2015, the Australian Securities and Investment Commission (ASIC) rejected a relief application by the issuer of ’risk management facilities’ used by sporting clubs and retailers. The application for Australian...more

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