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Reporting Entities Beware: AUSTRAC is Becoming More Active and Getting More Powers

There are good reasons to suspect that we may soon see increased enforcement action from the anti-money laundering and counter-terrorism financing (AML/CTF) regulator, Australian Transaction Reports and Analysis Centre...more

Financial Product Design and Distribution Obligations

Late last year the Australian Government released a paper outlining a proposal to implement a range of design and distribution obligations on the issuers and distributors of financial products to retail clients. The proposed...more

Mortgage Broker Remuneration Reforms – What You Need to Know

Concerns have been raised by the Australian Government in recent times in relation to the effect of current remuneration structures in the mortgage broking market on the quality of consumer outcomes. During 2016, the...more

Reminder: Fee and Cost Disclosure - RG 97 Extension

ASIC's amended fee and cost disclosure requirements for managed investment schemes and superannuation funds are due to commence tomorrow. However, ASIC has granted an extension until 1 September 2017....more

2/2/2017  /  ASIC , Australia , Fees , Investment Schemes

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

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

Good News for Commercial Credit Providers – EDR Exemption to Continue

The Attorney- General's Department has announced that the exemption for commercial credit providers (CCPs) from the external dispute resolution (EDR) membership obligation should continue indefinitely. As advised in our Legal...more

Attention Commercial Credit Providers – Deadline Looms and Uncertainty on EDR

Commercial credit providers (CCPs) may be required, by the current Australian privacy laws, to join an external dispute resolution (EDR) scheme (EDR scheme) by 12 March 2015 if they wish to continue participating in credit...more

ASIC Clarifies its View on Wholesale Classification of SMSFs…but are Things as Clear as They Seem?

On 8 August 2014, the Australian Investments and Securities Commission (ASIC) issued a media release – 14-191MR Statement on wholesale and retail investors and SMSFs (14-191MR), in which ASIC withdrew its previous view on the...more

9/3/2014  /  ASIC , Australia , Investors

FATCA is Coming

At the end of May 2014, a bill was introduced to the Australian Federal Parliament to give effect to the United States' Foreign Account Tax Compliance Act (FATCA) and the intergovernmental agreement which was executed by...more

The Future of FoFA

In light of today's announcements from Mathias Cormann, Australia's Minister for Finance, the future of FoFA is becoming clearer. The Future of Financial Advice (FoFA) legislation has been surrounded by uncertainty...more

6/23/2014  /  ASIC , Australia , FOFA Reforms

ASX's mFund and the Best Interests Duty

With the Australian Securities Exchange (ASX) set to launch its mFund settlement service in the first half of 2014, investment platform providers and financial advisers need to spend some time coming to grips with the...more

3/7/2014  /  ASIC , Australia , Foreign Investment

Changes to Hedge Fund Disclosure and Reporting Obligations

In October 2013, the Australian Investment and Securities Commission (ASIC) announced new reporting and disclosure obligations for hedge funds and funds of hedge funds registered in Australia. By 1 February 2014, fund...more

Proposed FoFA Reforms to Ease Regulatory Burden

In line with their pre-election commitments, on Friday 20 December, the Australian Government announced plans to reform the Future of Financial Advice (FoFA) legislation. Many of the changes go beyond what had previously been...more

Australian Financial Services Reforms – New Issues for Superannuation and Hedge Funds

Superannuation fund trustees will be seeking increased input and cooperation from their investment managers in order to comply with new regulatory requirements while hedge funds will need to consider their status under the...more

OAIC Releases Guidelines on Cross Border Disclosure and Direct Marketing

The Office of the Australian Information Commissioner (OAIC) has released further draft Australian Privacy Principles (APP) Guidelines (draft Guidelines) for public consultation. The draft Guidelines outline how the OAIC will...more

Financial Services Under a New Liberal Government

What can the Financial Services Sector Expect from the New Federal Government? "Son of Wallis" Inquiry - The incoming Coalition government has committed to conducting a comprehensive "root and branch" inquiry...more

Advice in a Post FOFA World – Strategic Ripples

There is no doubt that the Future of Financial Advice reforms (FOFA) will significantly transform the advice landscape, and there is debate around which sectors of the advice industry will be the winners, and how long the...more

Curating an Investment Menu – Investment Governance Challenges for Super Trustees

Investment governance expectations on superannuation trustees have risen markedly since the introduction of the StongerSuper reforms....more

Banks Winning Battle for SMSF Assets... For Now

The growth in assets in Self Managed Super Funds (SMSFs) continues unabated with the SMSF sector now comprising nearly AUD500 billion in assets from just under 500,000 funds; each fund containing an average of around AUD1...more

Mandatory Data Breach Reporting Bill Introduced Into Parliament

The Privacy Amendment (Privacy Alerts) Bill 2013 was introduced into Parliament on 29 May 2013. Having been recommended by the Senate Committee report tabled on 24 June, it appears that Parliament intends to pass the Bill...more

Superannuation Funds - Enhanced Investment Management Governance

The Australian Government has been rolling out a series of significant regulatory reforms of the superannuation industry, many of which will commence in 2013. These reforms are fundamentally designed to enhance the prudential...more

Australia's "Significant Investor Visa" Creates Opportunities for Fund Managers

The Australian Government is looking to encourage foreign investment into Australia through the introduction of a new visa pathway for individuals who make substantial investments in Australia. The "Significant Investor Visa"...more

Investment Management in Australia

Asset managers are increasingly looking to Australia as a source of growth and as a gateway to the Asia Pacific region. This overview will assist managers navigate the Australian regulatory landscape. Financial Services...more

Complex Financial Products – International Support for yet More Investor Protection

The International Organisation of Securities Commissions (IOSCO) has recently released its final report on "Suitability Requirements with respect to the Distribution of Complex Financial Products" (Report), which outlines the...more

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