ArticleHow to be a Responsible Manager (RM) – Competence & ResponsibilitiesASIC also expects that licensees have at least two RMs to oversee all the financial services offered by the licensee.AustraliaFinance and BankingHolley Nethercote
ArticleThe big issue with issuing – Can it be done without holding an AFSL? Issuing a financial product is a financial service and, therefore, would seem to require the issuer to hold an AFSL.AustraliaFinance and BankingHolley Nethercote
ArticleShareholder essentials for private companies: The importance of a robust shareholder agreementWithout a robust shareholders' agreement, uncertainty or disagreements can cause disruption and be costly to resolve.AustraliaCorporate/Commercial LawHolley Nethercote
ArticleFederal Government to remove loophole for Buy Now Pay Later providersBNPL providers should consider this new regulatory regime and be ready to comply with new credit licensee obligations.AustraliaConsumer ProtectionHolley Nethercote
ArticleLaunching a new financial product in 2025? Don't forget to do these things…Launching a new product today is trickier than it's ever been.AustraliaFinance and BankingHolley Nethercote
ArticleWeathering the storm: Cybersecurity and managing information in the wake of the Optus & Medibank privacy data breachesExplores legal requirements covering the collection, security & retention of information & lessons from recent data breaches.AustraliaPrivacyHolley Nethercote
ArticleDoes your financial services organisation have a strong enough customer voice?Regulators expect financial services licensees to support their clients throughout this current period of uncertainty.AustraliaFinance and BankingHolley Nethercote
ArticleAll over – The business impact after COVID-19As companies emerge from the COVID-19 crisis, with relief measures ending, several business law issues are expected.AustraliaCorporate/Commercial LawHolley Nethercote
ArticleAdvice fees from super – important changes for advice licenseesIt pays to understand super trustees' obligations as modified by the DBFO Act when it comes to advice fees. AustraliaFinance and BankingHolley Nethercote
ArticleCCIVs in Australia – Worth the Wait?The CCIV will provide fund managers in Australia with much greater choice of fund structure for more varied applications.AustraliaFinance and BankingHolley Nethercote
ArticleFACT SHEET: What are the AML/CTF Governance Obligations?As a reporting entity, you must identify roles within your governance structure.AustraliaCorporate/Commercial LawHolley Nethercote
ArticleBlockchain bricks and crypto cathedrals: a breakdown of the key termsThe article explains key terms and concepts to help piece together a framework to engage in crypto conversations.AustraliaTechnologyHolley Nethercote
ArticleNew penalties for Unfair Contract Terms call for an immediate review of your Standard Form ContractsThe expanded UCT regime will apply to standard form contracts entered into, renewed, or varied from 10 November 2023.AustraliaCorporate/Commercial LawHolley Nethercote
ArticleWholesale Client Eligibility – Sophisticated Investor and Individual Wealth TestsThe issue of wholesale client eligibility has recently been attracting increased attention as an area in need of reform.AustraliaWealth ManagementHolley Nethercote
ArticleAre AFSL applicants fit and proper or only of good fame and character?The changes may catch many existing and aspiring AFSL holders unaware and could make AFSL applications more difficult.AustraliaFinance and BankingHolley Nethercote
ArticleOur submission to Treasury on Token MappingThe existing financial services regulatory regime should be expanded to incorporate regulation of the crypto ecosystem.AustraliaTechnologyHolley Nethercote
ArticleBuying a financial services business – Tips & trapsIf buying an AFSL business, be aware of the myriad of laws, regulations, regulatory guides and professional obligations.AustraliaCorporate/Commercial LawHolley Nethercote
ArticleCompliance Committees in financial services – why do we need them?Compliance Committees in financial services help an entity to monitor its compliance with its regulatory obligations.AustraliaFinance and BankingHolley Nethercote
ArticleAvoiding a successful Unfair Dismissal claim – Some hints and tipsThe article is intended for Australian SMEs and is not directed to large enterprises with a highly unionised workforce.AustraliaEmployment and HRHolley Nethercote
ArticleBreach reporting for credit licensees: are you ready to dob yourself in?To successfully navigate the new breach reporting regime, ACL holders will need to have written procedures.AustraliaFinance and BankingHolley Nethercote