Regulatory “Rinkles” – Spotlight on Transitional Issues for Grandfathered Conflicted Remuneration

This edition of Regulatory Rinkles follows on from our previous edition on Spotlight on Conflicted Remuneration and focuses on the transitional issues facing product issuers and advice licensees who are looking to end or deal with their existing grandfathered arrangements before the grandfathering exemption is removed from 1 January 2021. LEGISLATIVE BACKGROUND – THE END … Read more

Spotlight on Regulatory Risk in Financial Services

This edition of our FSR Australia Notes focuses on the concept and dimensions of regulatory risk. We see this as an increasingly important area of financial services regulation, as following the Financial Services Royal Commission, a financial institution’s relationship with the regulators is particularly paramount. There are many factors underpinning this observation, including the more … Read more

ASIC’s 2020/21 timetable released

Today, ASIC published its Interim Corporate Plan for the 2020–2021 financial year and an updated timetable of its ongoing work up to the second quarter of 2021. Key dates with respect to legal and regulatory reform in the financial and credit services industries are set out in the table below: Project Indicative timing Product intervention … Read more

Important changes in the AFSL landscape

By Fiona Smedley, Ewan MacDonald and Nick Alexander   The Australian financial services license (AFSL) landscape has just shifted under your feet. The Australian Securities & Investments Commission (ASIC) now requires all new and current applicants for the grant or variation of an AFSL to satisfy a ‘fit and proper person test’ in relation to the applicant’s officers, all … Read more

Community Expectations – Code or Codification?

By Michael Vrisakis The Royal Commission has become a channeling medium for community expectations as a standard of conduct.  One of the issues this raises is whether we have to wait for a Royal Commission in order to heed the call of community expectations? But just exactly what are community expectations? Is there a single homogeneous community … Read more