Article
Increased competition scrutiny in the financial services sector by the ACCC
The ACCC recently warned the big four banks that the regulator will closely scrutinise takeovers of fintech companies.
Holley Nethercote
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Essential things you should know about contracts – Part III
These are the last of the key things you should know about contracts – even when you have a lawyer acting for you.Holley Nethercote - Article
Fact Sheet: Do I need an Australian Financial Services Licence (AFSL)?
You will need an Australian Financial Services Licence if you are a person who carries on a financial services business.Holley Nethercote - Article
What is the difference between a normal/standard AML program and one that a financial adviser needs – Also called a Special Program?
A Special AML/CTF Program sets out your customer identification and verification procedures (KYC procedures).Holley Nethercote - Article
Keeping your Anti-Money Laundering and Counter-Terrorism Financing program up to date
Discussion about outsourcing your Know Your Client obligations & new developments.Holley Nethercote - Article
We all know fairs fair; but what is Fair (in the context of resolving disputes)?
"Fairness", in the context of resolving disputes, is used in relation to the process and principles that are followed.Holley Nethercote - Article
Fact Sheet: Checklist for setting up a cryptocurrency (virtual asset) exchange
Before you set up a cryptocurrency exchange, determine the structure of your cryptocurrency exchangeHolley Nethercote - Article
FACT SHEET: Setting up a cryptocurrency (Virtual Asset) exchange checklist
Before you set up a cryptocurrency exchange, you must first determine the structure of your cryptocurrency exchange.Holley Nethercote - Article
Changes to AML/CTF – what does it means for current reporting entities?
There are also important proposed changes to the AML/CTF obligations for current reporting entities.Holley Nethercote - Article
Do I really need to do Responsible Manager (RM) Training?
A sensible licensee would send its RMs to a half day RM course at least annually.Holley Nethercote - Article
What are design and distribution product governance arrangements?
Discussion about the new design & distribution obligations that are designed to improve consumer outcomes.Holley Nethercote - Article
12 problem words for financial services promotional materials
Article discusses the legal position in relation to promotional materials & discusses compliance considerations.Holley Nethercote - Article
A new AFS licensing regime for Foreign Financial Service Providers
Article outlines the new FFSP regulatory framework, who the changes will affect and when.Holley Nethercote - Article
Is the end coming for the Sophisticated Investor?
The distinction between wholesale and retail clients is a fundamental part of the financial services laws.Holley Nethercote - Article
Is the end coming for the sophisticated Investor?
Discussion of the sophisticated investor eligibility test, its problems and its future.Holley Nethercote - Article
Part IV: Notifying ASIC of changes in control - How long have I got?
This blog examines the new obligation on AFS body corporate licensees to notify ASIC about any changes in control.Holley Nethercote - Article
Retail vs. wholesale clients in financial services – Regulatory concerns and responses
Under the Act, a person is either a wholesale client or a retail client for a particular financial product or service.Holley Nethercote - Article
Retail vs wholesale clients – regulatory concerns and responses
Regulatory issues with the current legal definitions of wholesale & retail clients & how the regulators might respond to them.Holley Nethercote - Article
Compliance – What is it good for?
Recent case shows the value of having compliance arrangements that are both fit for purpose and effectively applied day-to-day.Holley Nethercote - Article
Do I really need to do Responsible Manager (RM) training?
AFS licensees with well-run, orderly compliance frameworks generally send their RMs to training at least once a year.Holley Nethercote
