Search Result
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Is the end coming for the Sophisticated Investor?
17 Jan 2025The distinction between wholesale and retail clients is a fundamental part of the financial services laws. The continuing increase in retail client regulation over recent years and the inc
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Is AI a threat or opportunity for Australian Financial Services and Australian Credit Licensees, today?
01 Jun 2024For the time poor readers, here’s the TL;DR. Artificial Intelligence (AI) presents unique regulatory and other risks that need to be managed. The law in Australia today applies to AI, but regula
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Insurance commission consent – conflicted remuneration escape hatch
25 Nov 2024Licensees who provide financial product advice in relation to general insurance, life insurance or consumer credit insurance will be familiar with the exemption from conflicted remuneration for commis
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Increased Competition Scrutiny in the Financial Services Sector by the ACCC
02 Mar 2021The role of the ACCC in the financial services sector has grown since the last time we explored its involvement back in 2012. Review of the Financial Services Sector Productivity Commission’s Inqu
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I’m in Financial Services, but why do I need a Financial Services Lawyer?
07 Feb 2022If you’re lucky, you haven’t needed the services of a lawyer much. You’ve managed to stay clear of conflict. Or if not, you’ve sorted it out without fronting a court or tribunal. If you
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I’m a Responsible Manager. What does this mean?
15 Apr 2020We regularly train Responsible Managers (“RMs”) of AFS licensees to help them better understand their role. Many RMs are curious to know what they have to do and whether they are personally ex
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I Want to Buy an AFSL
12 Oct 2020“Do you have an AFSL that we can buy?” This is a regular query that we receive which results in a lengthy response. Buying an Australian Financial Services Licence (AFSL) is not a s
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How will my commercial contract be affected by COVID-19?
31 Mar 2020We are all aware of the impact of COVID-19 on our health system and social interactions, however it is also important to consider the effect of the pandemic on business. Quarantine measures and shutdo
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How to write a shorter SoA: The Power of Pruning!
03 Jun 2021One of the general fundamentals of gardening, is that to nurture a plant, and maximise its beauty and proliferation for future seasons, is the need to skilfully prune the plant, removing the
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How to stay out of trouble? Key risks and lessons for Responsible Managers
01 Sep 2025Unlike a director or officer, a Responsible Manager (“RM”) is not a legal concept. The term does not exist in the Corporations Act 2001 (“the Act”). It is a tool that ASIC has created in i