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The big issue with issuing – Can it be done without holding an AFSL?
30 Jun 2025Under 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…...
Read moreASIC’s Product Intervention Power – How does it work?
01 Dec 2020Since 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…...
Read moreRegulation and risk collide: managing information as an AFS licensee
01 May 2023With 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…...
Read moreCurrent ASIC trends in AFSL and ACL applications and variations
05 Jul 2019Some 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…...
Read moreWho’s in control? Changes of control to a licensed entity and your obligations
05 Jun 2025In 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…...
Read moreASIC’s enforcement priorities in design and distribution: What we know from recent stop orders and Federal Court decisions
12 Nov 2024Receiving 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…...
Read moreClass actions and regulatory intervention – Two sides of the same sword?
02 Jun 2025Since 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…...
Read moreResponsible Lending Obligations to be Scrapped!
25 Sep 2020The 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…...
Read moreIt’s time to dust off your conflicts of interest policy
27 Jan 2025In 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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