Article



The big issue with issuing – Can it be done without holding an AFSL?

30 Jun 2025
The big issue with issuing – Can it be done without holding an AFSL?

David Court

Partner

Under the financial services laws, a person that carries on a financial services business must hold an AFSL covering the provision of those services, unless an exemption applies. Issuing a…...

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ASIC’s Product Intervention Power – How does it work?

01 Dec 2020
ASIC’s Product Intervention Power – How does it work?

Rachel Erlich

Special Counsel

Since 6 April 2019, ASIC has had the power to proactively intervene in relation to a financial or credit product (“product”) or class of products to reduce the risk of…...

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Regulation and risk collide: managing information as an AFS licensee

01 May 2023
Regulation and risk collide: managing information as an AFS licensee

Samantha Hills

Partner

With the recent spate of data breaches now extending to the financial services industry, Australian financial services licensees are racing to ensure that their information management procedures are up to…...

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Current ASIC trends in AFSL and ACL applications and variations

05 Jul 2019
Current ASIC trends in AFSL and ACL applications and variations

Frank Varga

Head of Licensing

Some of you reading may already hold a licence issued by ASIC, be it an AFSL, an ACL or both. If you’re not looking to set up a new business…...

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Who’s in control? Changes of control to a licensed entity and your obligations

05 Jun 2025
Who’s in control?  Changes of control to a licensed entity and your obligations

David Court

Partner

In this article, we examine the obligation of AFSL holders and credit licensees to determine whether there has been a change of control in their entity, and subsequently report any…...

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ASIC’s enforcement priorities in design and distribution: What we know from recent stop orders and Federal Court decisions

12 Nov 2024
ASIC’s enforcement priorities in design and distribution: What we know from recent stop orders and Federal Court decisions

Michael Mavromatis

Partner

Receiving a stop order or Federal Court claim relating to a licensee’s product design is extremely stressful for licensees.  We should know! We have helped numerous licensees lift interim stop…...

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Class actions and regulatory intervention – Two sides of the same sword?

02 Jun 2025
Class actions and regulatory intervention – Two sides of the same sword?

Anthony Jensen

Special Counsel

Since 1992, when class actions were enshrined in Australia’s legal framework, the link between them and regulatory interventions has been ever-present, and evolving. Having acted for parties on either side…...

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Responsible Lending Obligations to be Scrapped!

25 Sep 2020
Responsible Lending Obligations to be Scrapped!

Jesse Vermiglio

Partner

  The Government has this morning announced major reforms to the National Consumer Credit regime including the scrapping of Responsible Lending Obligations (RLOs).  Below is short summary of the key…...

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It’s time to dust off your conflicts of interest policy

27 Jan 2025
It’s time to dust off your conflicts of interest policy

Josh Wigney

Associate

  In 2018, ASIC launched a crusade against poor financial advice.  ASIC looked at how some of Australia’s larger banking and financial services institutions dealt with conflicts of interest between…...

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