ArticleEnforceable undertakings – what you need to know as a licenseeArticle defines enforceable undertakings, the pros & cons of EUs & how ASIC use EUs following the Royal Commission.AustraliaCorporate/Commercial LawHolley Nethercote
ArticleIf you thought that breach reporting was tough enough now…The proposed changes concerning breach reporting, reference checking and information sharing are new and far reaching.AustraliaFinance and BankingHolley Nethercote
ArticleIt is time to dust off your Conflicts of Interest PolicyASIC and the Banking Royal Commission put the spotlight on dealing with conflicts of interest.AustraliaFinance and BankingHolley Nethercote
ArticlePart II: Derivative trade reporting: not just one way to complyThis is the second blog in a three part series and will examine different ways entities can comply with the DTR Rules.AustraliaFinance and BankingHolley Nethercote
ArticlePart II: Robo advisors and why Khloe Kardashian is like Australian Privacy LawProviders should action the five takeouts in this article relating to ASIC RG 255 and providers of digital advice.AustraliaFinance and BankingHolley Nethercote
ArticleTASA Part II: Transitional arrangements for tax (financial) advisersThe implementation period for TASA can be split into two phases: the notification period, and the transitional period.AustraliaFinance and BankingHolley Nethercote
ArticleTop 5 tips for preparing Target Market Determinations (TMDs)Before distributing a financial product, a product issuer must make a TMD for that product. 5 tips provided here.AustraliaFinance and BankingHolley Nethercote
Article10 tips to keep your marketing material from being misleading or deceptiveWhatever your business is, financial services or anything else, you are responsible for the material that you publish.AustraliaMedia, Telecoms, IT, EntertainmentHolley Nethercote
ArticleEssentials of common service agreements in the financial services industryA service agreement is a contract made between two parties that sets out the specific tasks or services to be provided.AustraliaFinance and BankingHolley Nethercote
ArticleWhere firms are getting TMDs wrong, and what better prepared firms are doing differentlyThis highlights the importance of having a robust internal review process for your TMD.AustraliaCorporate/Commercial LawHolley Nethercote
ArticleEmployment in a COVID worldSix things to consider to ensure workplace and community safety in the COVID world.AustraliaEmployment and HRHolley Nethercote
ArticleI am in financial services, so why do I need a financial services lawyer?The financial services sector is heavily regulated, so you need lawyers who are experienced in financial services law.AustraliaFinance and BankingHolley Nethercote
ArticlePart I: Lessons learned from ASIC Report 515: Taking Reasonable steps to ensure your representatives comply with the financial services laws.This is the first part of a two-part series on the outcome and lessons learned from ASIC Report 515 on Financial advice.AustraliaFinance and BankingHolley Nethercote
ArticlePart IV: Need Funding? Ask the crowd!Public companies can raise up to $5 million a year from a number of individual investors through an online CSF platform.AustraliaFinance and BankingHolley Nethercote
ArticleBudget changes: New collective investment vehicles (CIV)If you are part of the venture capital and fintech start-up industry, these two new types of CIV might interest you.AustraliaGovernment, Public SectorHolley Nethercote
ArticleInsurance commission consent – conflicted remuneration escape hatchExemption from conflicted remuneration for commissions on some products will only apply if you obtain consent from the client in certain ways.AustraliaInsuranceHolley Nethercote
ArticleCyber incidents – what are the legal risks?If a cyber incident arises, consideration must be given to the potential legal ramifications.AustraliaTechnologyHolley Nethercote
ArticleRetail vs Wholesale Clients – Regulatory Concerns and ResponsesRegulatory issues and concerns which have arisen with the current legal definitions of wholesale and retail clients under the Corporations Act 2001.AustraliaFinance and BankingHolley Nethercote
ArticleASIC – no more Mr Nice Guy as a financial regulatorASIC says that it will adopt a much tougher and more aggressive stance in its monitoring and enforcement of compliance.AustraliaFinance and BankingHolley Nethercote
ArticleHow can a computer comply with the Best Interests Duty (BID)?Article defines Best Interests Duty & discusses compliance challenges facing automated advice providers & ASIC recommendations.AustraliaFinance and BankingHolley Nethercote