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  • Article

    As a credit licensee, can you sign the Annual Compliance Certificate?

    A credit licensee must lodge an annual compliance certificate with ASIC within 45 days of each licensing anniversary.
    AustraliaCorporate/Commercial Law
    Holley Nethercote
    Holley Nethercote
  • Article

    Culture is the glue!

    Policies, procedures, checklists or discs of data mean little or nothing if behaviour is wrong or culture is lacking.
    AustraliaStrategy
    Holley Nethercote
    Holley Nethercote
  • Article

    Deadline is fast approaching for MDA service providers!

    As of 1 October 2018, advisers who wish to continue to provide MDA services will need to apply for a licence variation.
    AustraliaFinance and Banking
    Holley Nethercote
    Holley Nethercote
  • Article

    Advertising: Beware when making claims about projected savings

    Mortgage Choice recently received 3 infringement notices from ASIC for false advertising and paid $30,600 in penalties.
    AustraliaConsumer Protection
    Holley Nethercote
    Holley Nethercote
  • Article

    Part III: Sleepers Wake - Getting ready for the new regime for RCDFs

    This is the final part of a series entitled 'Sleepers Wake' about regulation of religious charitable development funds.
    AustraliaCorporate/Commercial Law
    Holley Nethercote
    Holley Nethercote
  • Article

    Serving notices electronically by Dropbox

    A recent case addressed if the "cloud based" storage service "Dropbox" is an effective tool for the service of notices.
    AustraliaCorporate/Commercial Law
    Holley Nethercote
    Holley Nethercote
  • Article

    Advising on derivative strategies through Managed Investment Schemes

    If you are providing advice on managed investment schemes, you may be wondering whether you need to vary your AFSL.
    AustraliaFinance and Banking
    Holley Nethercote
    Holley Nethercote
  • Article

    As a credit licensee, can you sign the Annual Compliance Certificate?

    Credit licensee must lodge an annual compliance certificate with ASIC within 45 days of your licensing anniversary.
    AustraliaFinance and Banking
    Holley Nethercote
    Holley Nethercote
  • Article

    As a credit licensee, can you sign the Annual Compliance Certificate?

    The type of legal entity which holds the credit licence determines the people who are permitted to sign the ACC.
    AustraliaFinance and Banking
    Holley Nethercote
    Holley Nethercote
  • Article

    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
    Holley Nethercote
    Holley Nethercote
  • Article

    Proposed Internal Dispute Resolution (IDR) reporting requirements to ASIC

    The Australian Financial Complaints Authority becomes a 'one stop shop' for the resolution of all financial complaints.
    AustraliaFinance and Banking
    Holley Nethercote
    Holley Nethercote
  • Article

    Employment discrimination – could you be liable?

    The case has important take-outs for anyone employing or dismissing staff – including managers, owners and HR teams.
    AustraliaEmployment and HR
    Holley Nethercote
    Holley Nethercote
  • Article

    Registering and changing auditors with ASIC

    If you hold an AFSL you have to have a registered auditor with ASIC, but be careful in the way you register the auditor.
    AustraliaFinance and Banking
    Holley Nethercote
    Holley Nethercote
  • Article

    The little known APRA reporting requirement for AFSL holders with general insurance dealing authorisations

    AFSL holders authorised to deal in general insurance should lodge a Form 701 every 6 months to provide data to APRA.
    AustraliaFinance and Banking
    Holley Nethercote
    Holley Nethercote
  • Article

    Part I: Bitcoins 101

    Bitcoins are a category of digital currency, developed as an alternative to traditional currencies.
    AustraliaMedia, Telecoms, IT, Entertainment
    Holley Nethercote
    Holley Nethercote
  • Article

    Part III: Bitcoins 101: tax implications

    Bitcoins are not money or foreign currency so their supply will not attract GST, but they are an asset for CGT purposes.
    AustraliaMedia, Telecoms, IT, Entertainment
    Holley Nethercote
    Holley Nethercote
  • Article

    What is an enforceable undertaking and why do they exist?

    An enforceable undertaking, or EU, is an undertaking which sets out in writing certain actions to address ASIC concerns.
    AustraliaFinance and Banking
    Holley Nethercote
    Holley Nethercote
  • Article

    Is your standard form contract bullet proof - from unfair terms?

    On 12th November 2016, new laws will commence to protect small businesses from unfair terms in standard form contracts.
    AustraliaCorporate/Commercial Law
    Holley Nethercote
    Holley Nethercote
  • Article

    Crowd-Sourced Equity Funding in Australia – Dead or Asleep?

    The future of a regulatory framework facilitating crowd-sourced equity funding is in the hands of the next government.
    AustraliaFinance and Banking
    Holley Nethercote
    Holley Nethercote
  • Article

    FATCA is so 2015; CRS is the new black

    From July 2017, the CRS will apply to those Australian banks and other financial institutions presently caught by FATCA.
    AustraliaTax
    Holley Nethercote
    Holley Nethercote

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