Funds Update – 1 December 2023

In this Funds Update for 1 December 2023: FFSP legislation tabled in Parliament and to take effect 31 March 2025 ASIC consults on remaking class order on Exchange Traded Funds FFSP legislation tabled in Parliament and to take effect 31 March 2025 On 30 November 2023, the Treasury Laws Amendment (Better Targeted Superannuation Concessions and … Read more

Funds Update – 17 November 2023

In this Funds Update for 17 November 2023: ASIC commences first civil penalty action re RG 271 compliance Exposure draft legislation to amend conflicted remuneration and ongoing fee provisions ASIC confirms its DDO focus is turning to reasonable steps Greenwashing continues to be an enforcement priority for ASIC Follow-on consultation on derivative transaction reporting rules … Read more

Funds Update – 3 November 2023

In this Funds Update for 3 November 2023: ASIC releases more insights re reportable situations regime HSF article on DDO developments ASIC releases more insights re reportable situations regime On 31 October 2023, ASIC released its second publication (REP 775) on information lodged under the reportable situations regime. ASIC has concluded that REP 775 shows … Read more

ASIC doubles down – DDO pressure points

Following months of heightened scrutiny on target market determinations (TMDs) across the financial services sector, we are seeing signs that ASIC has shifted its focus on broader product and distribution governance under the DDO regime. In particular, ASIC has started issuing statutory notices and asking questions as part of a thematic review into how issuers and distributors are complying with their reasonable steps obligations. In this article, we focus on some of the key pressure points in DDO compliance as ASIC shifts its focus. Read more

Same, same but different – the AASB’s draft climate reporting standards and how they compare to the ISSB equivalents

The Australian Government has committed to introducing standardised, internationally aligned reporting requirements on company’s climate-related financial risks and opportunities. Representing the most significant change to corporate reporting in decades, on 23 October 2023, the Australian Accounting Standards Board (AASB) released Exposure Draft ED SR1 Australian Sustainability Reporting Standards – Disclosure of Climate-related Financial Information that is proposed to apply to … Read more

HSF PUBLISHES GLOBAL BANK REVIEW 2023: TRUST MATTERS

On 9 October 2023, Herbert Smith Freehills published its 2023 Global Bank Review: Trust matters. This year, we’re diving deep into the very essence of the banking sector: trust. We explore trust in the context of scams, AI, funding net zero, digital assets, capital markets reform, and more. We also have exclusive insights from industry … Read more

FSR GPS Podcast Series – EP6: Scams – A customer’s rights, a bank’s obligations

EP 6: Scams – A customer’s rights, a bank’s obligations Join Partners Andrew Eastwood and Peter Jones and Senior Associate David Curley for a look at who is responsible when a bank’s customer is scammed. Soundcloud | Spotify | Apple      About the FSR GPS Podcast Series Our “FSR GPS” podcast series explores topical and emerging issues in financial services … Read more

FOREIGN FINANCIAL SERVICE PROVIDERS: HSF MAKES SUBMISSION ON TREASURY CONSULTATION

On 7 August 2023, Treasury published exposure draft legislation titled Treasury Laws Amendment (Measures for Future Bills) Bill 2023: Licensing exemptions for foreign financial service providers (Bill) and the accompanying Explanatory Memorandum for consultation. Our team has made a formal submission on this consultation. For several years, foreign financial services providers (FFSPs) and their Australian … Read more