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Compliance Committees – why do we need them?
06 Mar 2023
Rachel Erlich
Special CounselThe term Compliance Committee is used in a variety of contexts in financial services. It may be a reference to a committee that is required by law, or it may…...
Read moreWeathering the Storm: Cybersecurity and managing information in the wake of the Optus & Medibank privacy data breaches
03 Feb 2023
Ursula Noye
Senior AssociateHistorically, businesses have kept documents to 'be on the safe side'. But, as we now see in the wake of last year’s Optus and Medibank data breaches, this approach is not without…...
Read moreHow to be a Responsible Manager – Competence & Responsibilities
09 Nov 2022
Josh Wigney
AssociateThe Responsible Manager (RM) is one of the most important positions that an Australian Financial Services (AFS) Licensee has to maintain. They are the person (or, more likely, persons) who…...
Read moreFACT SHEET: Top 5 Tips for Preparing Target Market Determinations (TMDs)
02 Nov 2022
Michael Mavromatis
PartnerThe design and distribution obligations (DDO) are designed to ensure that product issuers adopt a consumer-centric approach when designing (and distributing) products. Before distributing a product, a product issuer must…...
Read moreUnconscionable conduct and sales incentives: ASIC v Select AFSL Pty Ltd (No 2)
11 Oct 2022
Ursula Noye
Senior AssociateThe recent findings of unconscionable conduct in the case of ASIC v Select AFSL Pty Ltd (No 2) [1] relate to particularly egregious conduct, which was first uncovered by the…...
Read moreOur submission in relation to the Quality of Advice Review Consultation Paper – Proposals for Reform
19 Sep 2022
Samantha Hills
PartnerName/Organisation: Holley Nethercote Lawyers Questions Intended outcomes 1. Do you agree that advisers and product issuers should be able to provide personal advice to their customers without having to comply…...
Read moreTriple Beef Patties – the key ingredient to time critical advice
09 Sep 2022
Clarisse Berenger
Previously a Lawyer at Holley NethercoteProviding a client with the necessary disclosures in time critical cases can be likened to a fast-food, rush hour drive-through order, where a customer is served up with the…...
Read moreASIC cracks down on financial advisers and licensees
09 Aug 2022
Josh Wigney
AssociateFinancial advisers and their licensees, take note! ASIC is following up on advisers who haven’t yet completed the financial adviser exam. For most advisers, the thought of the financial…...
Read moreFinfluencers, referrers and discussing financial products online
08 Aug 2022
Michael Mavromatis
PartnerIn this article, we take a look at the key issues arising when AFS licensees work with referrers and finfluencers to distribute their products or services. Who are referrers and…...
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