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ARTICLE · 05 AUGUST 2014

Part I: Sleepers wake – The regulation of Religious Charitable Development Funds

Both APRA and ASIC have responded with discussion papers to recommendations to limit the APRA supervision exemptions.

AustraliaFinance and Banking

The Australian Prudential Regulation Authority (APRA) is responsible for the prudential regulation (or as the Americans call it the "safety and soundness") of the banking sector. Any company that engages in "banking business" (which under the Banking Act 1959 (Cth) means accepting deposits and making loans) must, unless it is covered by an exemption, be authorised by APRA and comply with its prudential standards covering matters such as capitalisation and risk management. Two such exemptions are for registered financial corporations (RFCs) and religious charitable development funds (RCDFs).

The global financial crisis of 2007 – 2008 reminded regulators of the need for prudential regulation to keep up with financial innovation and to ensure that investors in financial products with bank-like features are appropriately protected. Australia's prudential regulatory framework proved its worth during what many economists called the biggest financial crisis since the Great

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