Wednesday, 27 June 2018
Earlier this year, ASIC launched a crusade against poor financial advice. ASIC looked at how some of Australia’s larger banking and financial services institutions dealt with conflict of interest between selling its in-house products and looking after a client’s best interest. These issues were also raised by the Banking Royal Commission, and have left the larger banking institutions reconsidering its separate divisions.
Monday, 16 April 2018
If your business operates a Managed Discretionary Account service through a regulated platform and has been relying on the “no-action” letter, this is a reminder that changes are happening and with little time remaining.
Monday, 19 February 2018
While it is natural to focus on restoring internal systems and security processes if a cyber incident arises, consideration must be given to the potential legal ramifications. Here are our top four cyber incident legal risks that should be considered by every business.
Monday, 15 January 2018
Australian Fintech businesses would be aware of ASIC's existing Fintech Regulatory Sandbox. In this blog, we refer to this as the “Existing Sandbox” - see a previous blog we wrote defining ASIC's Existing Sandbox. The Existing Sandbox was designed for certain Fintech startup businesses to avoid AFS licensing requirements for one year subject to retail client caps, notification requirements and client exposure limits.
Friday, 24 November 2017
Since the Ramsay Review commenced in 2016, there has been significant progress toward a new framework for External Dispute Resolution (EDR) in Australia. The new framework will include the establishment of the Australian Financial Complaints Authority (AFCA), which will become a ‘one stop shop’ for the resolution of financial complaints.
Wednesday, 22 November 2017
The recent changes to the law in Australia align the GST treatment of digital currency with the GST treatment of money (particularly foreign currency). However, it will be important for purchasers and users to ensure that the particular tokens they are using come within the definition of “digital currency” in the GST legislation.
Friday, 17 November 2017
12-18 November is fraud awareness week, and once again, Cyber-Resilience is a hot topic. As a licensee, do you wonder what you legally have to do? Before we tell you, let’s start, as Simon Sinek recommends, with Why…
Wednesday, 25 October 2017
In July this year, AUSTRAC released its latest money laundering and terrorism financing (ML/TF) risk assessment which focuses on the securities and derivatives sector. Similar to past risk assessments released by AUSTRAC, this risk assessment has a broader application to the financial services industry as a whole.
By Terence Wong and David Court
Monday, 16 October 2017
Australia's funds management industry has been measured as the sixth largest in the world (behind the USA (by a very long way), Luxembourg (by about half), Ireland, Germany and France and ahead of Singapore, the UK, Japan and China) and the largest in the Asia-Pacific region, largely as a result of Australia's pool of superannuation assets.
However, the Government thinks that we can do even better...
Monday, 9 October 2017
In Part I of this blog series, we left off at What are the wholesale client eligibility tests? In Part 2 of this blog series, we will continue from there and answer the remaining four questions:
4. What are the wholesale client eligibility tests?
5. What is individual wealth?
6. How are controlled entities included?
7. Who can control an SMSF?