ArticlePart II: Your options when offering credit servicesOptions discussed include getting your own credit licence (ACL), or becoming a credit representative of another licensee.AustraliaConsumer ProtectionHolley Nethercote
ArticleDirectors of REs (responsible entities) have great responsibilitiesMore is expected of directors of professional trustees than is expected of directors of some other kinds of corporation.AustraliaCorporate/Commercial LawHolley Nethercote
ArticlePart I: Section 912A Corporations Act - Compliance, or a recipe for running a successful business?This part covers the introduction, unpacking each obligation as an "ingredient" and how they eventually come together.AustraliaCorporate/Commercial LawHolley Nethercote
ArticleUnfair Contract Terms – Is there a new Problem?Adverse repercussions for putting a contract with UCTs before a small business or individual have been strengthened.AustraliaCorporate/Commercial LawHolley Nethercote
ArticleWorkplace bullying claims - be preparedEmployers should be aware that new laws prohibiting workplace bullying are in force and bullying claims will be lodged.AustraliaEmployment and HRHolley Nethercote
ArticlePart I: 12 Problem words for promotional materials for financial servicesThis part will cover the legal position in relation to promotional materials and misleading and deceptive conduct.AustraliaFinance and BankingHolley Nethercote
ArticlePart I: OTC derivatives (CFDs, margin FX) clampdown? Australia proposes new product intervention powers, following global trendThis article focuses on a Proposals Paper entitled Design and Distribution Obligations and Product Intervention Power. AustraliaFinance and BankingHolley Nethercote
ArticlePart I: Who's in control? Changes of control to an AFSL entity and your obligationsAFSL holders have an obligation to report to ASIC if they become aware of any changes of control in their AFSL entity. AustraliaFinance and BankingHolley Nethercote
ArticlePart II: Current ASIC trends in licensing applications and variationsThis is the second and final blog which considers the changes, and current trends in licence applications and variations.AustraliaFinance and BankingHolley Nethercote
ArticleTop 10 mistakes credit licensees are making - and how to prevent themAlthough some of these are specific to the credit industry, many of the points are applicable to AFSL holders as well.AustraliaFinance and BankingHolley Nethercote
ArticleTrowbridge Report (Review of Retail Life Insurance Final Report) releasedThe Trowbridge Report recommends that the life insurance and financial advice sectors adopt reforms across 3 broad areas.AustraliaFinance and BankingHolley Nethercote
ArticlePart II - Do you have a suspicious mind? Submitting suspicious matter reports to AUSTRACYou have an obligation not to tip-off the customer about your suspicions, even after the report is lodged with AUSTRAC.AustraliaGovernment, Public SectorHolley Nethercote
ArticleCOVID-19 and paying the rent – Part 2 (the lock-down continues)Further financial pain seems inevitable for both landlords and tenants in the COVID-19 commercial lease rental market.AustraliaReal Estate and ConstructionHolley Nethercote
ArticleCrypto regulation on the horizon: The new Treasury consultation paper on crypto asset secondary service providersTreasury released a Consultation Paper outlining the Government's proposed approach to regulating crypto assets.AustraliaTechnologyHolley Nethercote
ArticleTop 10 mistakes credit licensees are making – and how to prevent themList of common mistakes that licensees make and how to avoid them. Note that many points are applicable to AFSL holders.AustraliaCorporate/Commercial LawHolley Nethercote
ArticleFinancial Services Compliance: Save or Spend?We've set out a few thoughts on the compliance areas your business should spend on, and some areas where you could save.AustraliaFinance and BankingHolley Nethercote
ArticleProtecting your AFS licence from advisers who breachBeing able to sever ties with an adviser who breaches your AFS licence obligations is very important for licensees.AustraliaFinance and BankingHolley Nethercote
ArticleProtecting your AFSL from advisers who breachSevering ties with an adviser who causes a breach of your AFSL obligations is an important consideration for licensees.AustraliaFinance and BankingHolley Nethercote
ArticlePart I: Recent amendments to the AML/CTF RulesReporting entities, while not required to update their AML/CTF Programs in light of these changes, should review them.AustraliaGovernment, Public SectorHolley Nethercote
ArticleWhy Australian Financial Services Licensees absolutely MUST prioritise cyber-resilience"WannaCry" attack combined ransomware with a worm virus and spread quickly.AustraliaTechnologyHolley Nethercote