Search Result
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The Royal Commission and Wholesale Clients – A Missed Opportunity?
14 Feb 2019The continuing increase in retail client regulation over recent years (such as the FOFA reforms) and the increasing ease with which clients can meet the wholesale client eligibility tests has led many
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The GDPR and Australia
01 May 2023What is the GDPR? The GDPR The Regulation (EU) 2016/679 of the European Parliament and of the Council (General Data Protection Regulation) (GDPR) sets out the rules in relation to the processing and
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The Dangers of Ignoring Client Vulnerability
05 Nov 2020Chances are, you’re reading this article on an electronic device. You may have used the same device to video-chat with others, message your team and create or send documents – in the l
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The Consequences of a Poor Corporate Culture
25 May 2019Corporate culture has been a particular emphasis of financial services in recent times and was a primary focus of the Hayne Royal Commission. But what are the consequences of having a poor culture –
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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 financia
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Some practical lessons on the regulatory “wildcard” – the efficiently, honestly and fairly obligation
28 Feb 2025Section 912A of the Corporations Act 2001 sets out the “ten(ish) commandments” for AFS licensees, the first of which is the obligation for a licensee to do all things necessary to ensure that fina
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So you’re planning on opening a cryptocurrency (e.g. Bitcoin, Altcoin) exchange
28 Jun 2017Bitcoin and other cryptocurrencies have seen a significant value increase in the recent past. If you had the foresight to invest in Bitcoin and Ethereum in January 2017, you would have mad
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Shareholder Essentials for Private Companies: The Importance of a Robust Shareholder Agreement
24 Sep 2020If you’re setting up a business, or you have set up a business, you most likely will or have, set up a proprietary limited (Pty Ltd) company or private company. Pty Ltd companies are the most comm
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Section 30 and Section 33 Notices – ASIC’s Power to Compel Production of Books
05 Apr 2024The Australian Securities and Investments Act 2001 (ASIC Act) gives ASIC the power to issue section 30 and section 33 notices compelling the production of certain books. Section 30 and section 33 n
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RSE Licensees – Changes in Financial Services Obligations for Superannuation Funds
22 Jul 2021A number of changes to the financial services laws have taken effect in 2021 which are of particular application to trustees of superannuation funds which are not self-managed superannuation