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What happens when the applicant does not give consent?
15 Mar 2024The ASIC Corporations and Credit (Reference Checking and Information Sharing Protocol) Instrument 2021/429 (the Protocol) sets out the reference checking and information sharing requirements that apply to financial services licensees…...
Read moreWhat are design and distribution product governance arrangements?
29 Feb 2024The product design and distribution obligations (DDO) regime, which commenced on 5 October 2021 introduced a new approach to regulation, by moving away from relying on disclosure as the main…...
Read moreUnfair Contract Terms – Is there a new problem?
28 Feb 2024Since our article in November 2018, the Unfair Contracts Terms (“UCT”) regime[1] has been strengthened to apply to a much greater pool of contracts, and so some businesses which previously…...
Read moreFACT SHEET: Do I need an Australian Financial Services Licence (AFSL)?
22 Feb 2024The law says that you need an Australian Financial Services Licence (AFSL) if you are a “person” who carries on a “financial services” business in this jurisdiction. (This article includes…...
Read moreFACT SHEET: Key AFSL Requirements
21 Feb 2024How do I get an AFSL, you ask? Below, we outline the key requirements required for applying for and obtaining an AFSL. If you decide to obtain an AFSL, it…...
Read moreFACT SHEET – Should I have my own AFSL?
11 Feb 2024Does the licensing regime prevent you from being an authorised representative of an existing AFSL holder? Are you getting tired of receiving bills from your licensee for the privilege of…...
Read moreFACT SHEET: Top 10 Tips for a Successful AFSL Application
08 Feb 2024Here are our top 10 tips for a successful AFSL application. Organisational competency, as demonstrated by your Responsible Manager, will make or break your application. Get good legal advice at…...
Read moreDesign and Distribution Obligations – deferred but not forgotten. What do you need to do to prepare for the DDO regime?
23 Dec 2023The design and distribution obligations (DDO) may have been deferred for six months, but they’re not going away. Product issuers and distributors still need to prepare for the commencement of…...
Read moreOur submission to Treasury’s Regulating Digital Asset Platforms Proposal Paper
08 Dec 2023Dear Director, RE: Regulating Digital Asset Platforms - Proposal Paper Thank you for the opportunity to provide feedback on Treasury’s Regulating Digital Asset Platforms Proposal Paper (the Proposal Paper). As…...
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