Design, distribution and cryptocurrency investment – a sharp position taken by ASIC
Introduction ASIC’s Product Intervention Power (PIP) under its Design & Distribution (DDO) regime is still a relatively new tool in their regulatory tool kit. It allows ASIC to stop, or impose conditions on, the issue and distribution of financial products. We have previously considered how ASIC may use the power in connection with overseas financial […]
ReadmoreWhat goes up, must come down – Declining property values, rising interest rates, mortgage distress and assisting through financial difficulty
Partner Sonia Apikian and Senior Associate Susan Verginis discuss trends on Australian housing values, interest rates and their impact upon mortgage distress, with a focus on how lenders can assist their customers through financial difficulty. Click below to read the full article. If you found this insight article useful and you would like to subscribe […]
ReadmoreBlimey! Brits leading the charge again on crypto developers’ duty of care
It is no secret that the world’s regulators continue to develop laws and regulations relating to cryptocurrency. A recent decision of the English Court of Appeal (Court of Appeal) considered the duty of care of developers of an open-source bitcoin software system. The outcome has the potential to help integrate crypto into our society or […]
ReadmoreBuy Now Pay Later: Industry awaiting Issues Paper with bated breath
For better or worse, the Buy Now Pay Later (BNPL) industry has continued to make headlines since our last report. The sector’s meteoric rise has been tempered in recent months by a combination of market saturation, broader macroeconomic factors, and, most recently, a new political climate. The new Labor Government has made clear its intentions […]
ReadmoreFinancial Accountability Regime – Comparing the 2021 and 2022 Bills
The Federal Government introduced the Financial Accountability Regime Bill 2022 (Cth) (FAR 2022) on 8 September 2022. The Bill reintroduces the Financial Accountability Regime Bill 2021 (Cth) (FAR 2021), which lapsed with the calling of the federal election in April 2022. The Financial Accountability Regime (FAR) will be the most consequential change to the financial […]
ReadmoreThe Financial Accountability Regime Bill 2022 Released Yesterday!
Yesterday, the Federal Government introduced the Financial Accountability Regime Bill 2022 (Cth). The Bill reintroduces the Financial Accountability Regime Bill 2021 (Cth), which was introduced by the previous Government but lapsed with the calling of the federal election in April. The new Bill is identical to the previous iteration (with the exception of new commencement […]
ReadmoreAustralian Carbon Credit Units: Financiers tap into carbon farming and development projects
With the emergence of a thriving carbon credit market in Australia, the banking and finance industry has seen a significant increase in funding being utilised towards the establishment of carbon farming and development projects. Much of this has been driven by a material increase in the market value of Australian Carbon Credit Units (ACCUs) which […]
ReadmoreUnderstanding Big Brother ASIC: Exemptions from holding an AFS licence
Control of the present Organisations are facing continual changes to their regulatory requirements. So, understanding the change is essential to avoid costly fines, reputational damage, or even a loss of the right to operate. If you’re reading this article, you might be interested in whether you need to hold an Australian Financial Services Licence (AFSL) […]
ReadmoreUpdated guidance for corporate collective investment vehicles
On 23 June 2022, the Australian Securities and Investments Commission (ASIC) released a range of documents relevant to the commencement of the corporate collective investment vehicles (CCIVs) regime on 1 July 2022. The packet of material includes updates to key licensing guidance (Regulatory Guides 1, 2, and 3), general obligations under an Australian financial services […]
ReadmoreWaiting for the drop: Crypto legislation is leaked in the US as Australia grapples with its regulation
While most of the world’s regulators are still putting pen to paper, the early glimpse into the United States of America (US)’s possible crypto-regulatory future has given us much to digest. The US often leads global financial regulation on a leash. In an area as contentious and topical as crypto regulation, will Australia follow suit? […]
ReadmoreReminder and ASIC practical guidance regarding important amendments that apply to financial advisors and clients regarding their ongoing fee arrangement obligations
The obligation to give clients a fee disclosure statement (FDS) annually where there is an ongoing fee arrangement has applied since 1 July 2012. From 1 July 2021, two broad additional obligations have applied between both advisors and clients where there is an ongoing fee arrangement (OFA) in place. These additional obligations were introduced by […]
ReadmoreWho has the match? Anti-money laundering and cryptocurrency
Combining Anti-Money Laundering (AML) considerations with cryptocurrency technology is akin to adding gasoline to a bonfire. It is a hot topic on the mind of every member of the global financial services industry. How are we to regulate and manage a new technology that seems to feed into the hands of money launderers? As AUSTRAC […]
Readmore
