131-140 of 163 results
The ASIC Enforcement Review Taskforce unloaded
The ASIC Enforcement Review Taskforce members and terms of reference have been announced The terms of reference are very broad and come as no surprise with an emphasis on evaluating the adequacy of ASICs enforcement toolkit We analyse the key themes that are likely to emerge ...
Risk culture - 'an evolving area of supervisory practice'
A director of a bank life company or general insurer who read APRAs recent information paper on risk culture could be excused for indulging in a wry smile Since mid-2015 he or she has been subject to legislative obligations concerning risk culture However the information paper suggests that APRA is ...
Improving the role of the Appointed Actuary
APRA is seeking to improve the role of the Appointed Actuary in general and life insurance companies and has proposed some reforms in a discussion paper released earlier this year ...
Not better late - the Prime Trust appeal judgment
The main Prime Trust appeal judgement is relatively well known but a trusts responsible entities and their officers should look at what the appeal court had to say on other related matters ...
The best interests duties - process or outcome?
Superannuation fund trustees and their lawyers including this one have been grappling for years with what the covenant in section 522c of the Superannuation Industry Supervision Act 1993 means What must a trustee do to exercise its powers and discharge its duties in the best interests of ...
Clues for industry in ASIC'S Strategic Outlook
ASICs recently published Strategic Outlook outlines its priorities for responding to the key risks it believes will affect investors and gives some interesting clues into what industry participants can expect from ASIC over the next 12 months such as more surveillance of insider trading breaches of ...
Directors' duties and the interests of 'APRA beneficiaries'
The interim report of the Financial System Inquiry FSI asks whether directors in different parts of the financial system should have different duties ...
Increasing ASIC's enforcement powers
In its submission to the Financial System Inquiry the Australian Securities and Investment Commission has again raised the issue of the penalties that are available to it to punish and deter corporate wrongdoing ASICs submission recommends that a holistic review be conducted into the availability ...
What does 1 July 2014 mean under FoFA?
For most people working in the financial services industry it would be unwise to let 1 July come and go without asking what will change In 2014 as in 2012 and 2013 1 July is a very significant date under FoFA the Future of Financial Advice ...
E-signature - a case study, but not a test case
A recent New South Wales Court of Appeal decision concerned a guarantee purportedly signed by e-signature without the guarantors knowledge It is an interesting case-study though the decision is really about ostensible authority and ratification Senior Finance Counsel Diccon Loxton considers its ...