12 November 2019
Casting the regulatory net over virtual assets – SFC finalises new regulatory framework for virtual asset trading platforms
On 6 November 2019, the Security and Futures Commission ( SFC ) issued a position paper setting out a new regulatory framework for the licensing of centralised virtual asset trading platforms, following the SFC’s conceptual framework issued last year.
06 November 2019
To infinity and beyond: The Fairness Doctrine
The implications of the recent Full Federal Court decision in ASIC v Westpac Securities Administration Limited  FCAFC 187 ( ASIC v Westpac ) are far-reaching for the financial services industry. The case is, of course, a significant development in the laws concerning the parameters of general...
01 November 2019
Hong Kong SFC’s new electronic data requirements place MICs and cloud services in the spotlight
Yesterday, the Hong Kong Securities and Futures Commission ( SFC ) published a circular ( Circular ) on the use of electronic data storage providers ( EDSPs ) by licensed corporations ( LCs ).
22 October 2019
2019 Global Bank Review
The 2019 edition of our Global Bank Review: The Data Game , explores the rapid growth of data as one of the most significant developments in the banking sector. That being the case, we are still only at the beginning of the data journey and its impact in the next decade or two will be even more...
10 October 2019
Are you prepared? The board’s role in crisis management
With the ever-increasing growth in the number and potential magnitude of cyber, technological and operational risks to financial services entities, boards need to be prepared to respond to these types of crisis and ensure that the entity’s critical information assets are appropriately secured.
10 October 2019
Corporate Crime Update, Autumn 2019
Welcome to the Autumn 2019 edition of our corporate crime update - our round up of developments in relation to corruption, money laundering, fraud, sanctions and related matters. This bumper edition covers a number of jurisdictions, and includes content from the summer break. For the full update on...
09 October 2019
ASIC Corporate Governance Taskforce: Director and officer oversight of non-financial risk report
The ASIC Corporate Governance Taskforce ( Taskforce ) released its ‘Director and officer oversight of non-financial risk report’ ( Report ) on 2 October 2019. The Report follows the review by the Taskforce of director and officer oversight of non-financial risk in financial services companies, and...
04 October 2019
ASIC Enforcement Review — Draft reforms released for comment
On 11 September 2019, Treasury released exposure draft legislation which propose to give effect to 16 of the 50 recommendations made by the ASIC Enforcement Review Taskforce. The Government intends to introduce these reforms by the end of the year.
02 October 2019
Be on the mark – APAC central banks release study of benchmark reform implications
On 24 September 2019, the Executives’ Meeting of East Asia-Pacific Central Banks ( EMEAP ) published its study on the implications of benchmark reform across the East Asia and Pacific region ( Study ), including the effects of LIBOR discontinuation, the EU Benchmarks Regulation ( BMR ) and the...
30 September 2019
ACCC’s inquiry into the supply of retail FX services – Final Report
On 2 September 2019, the ACCC released the final report of the ACCC’s inquiry into the supply of foreign currency conversion services ( FX services ) in Australia (the Report ). The ACCC concluded that Australian consumers are paying too much for FX services because of confusing, inconsistent...
11 December 2019
Big data is transforming investigations
Big data is rapidly changing the way in which regulators and law enforcement conduct an investigation and build a case. New technology reduces compliance costs, but also increases regulatory expectations of businesses' monitoring, detection and reporting capabilities. And, as technology evolves,...
11 December 2019
Real Estate. Reconsidered
The real estate sector has been at the centre of many of the most significant changes that are impacting the modern world. A decade ago the financial crisis shook our markets. However, the subsequent drive for diversification has led to an unprecedented period of cross-border investment and...
10 December 2019
The ACCC pilots its first ‘effect test’ in misuse of market power proceedings
On 6 December 2019, the ACCC launched its first enforcement proceedings under the new ‘effects test’ prohibition on misuse of market power. The proceedings will provide much needed guidance as to how the much-debated ‘effects test’ will apply to unilateral conduct. It is noteworthy that the two...
10 December 2019
Capital controls in the UK?
Since the US Dollar departed from the gold standard in 1971 much of the world has abandoned or substantially relaxed capital and exchange controls. International trade and investment has grown dramatically since that time and it is acknowledged that open markets stimulate trade. The UK has been...
06 December 2019
Corporate Crime update, December 2019
Welcome to the December 2019 edition of our corporate crime update - our round up of developments in relation to corruption, money laundering, fraud, sanctions and related matters. Our update now covers a number of jurisdictions. For the full update on each jurisdiction, please click read more on...
04 December 2019
Online harmful content: the race to regulate
The decentralised, global internet has democratised many facets of everyday life, and consequently has allowed everyday citizens, extremists and everyone in between to share their views. The consequential proliferation of online harmful content meant some form of regulation was inevitable. However...
04 December 2019
Tech Regulation Series: The End of Permissionless Innovation?
The tech regulatory landscape is changing rapidly. It is complex and fragmented, both globally and by subject matter, making it difficult for technology providers to navigate. Almost weekly there are new headlines warning of risks and perils of ‘big tech’ and misuse of data. Now, more than ever, it...
02 December 2019
THE ANTI-BRIBERY AND ANTI-CORRUPTION REVIEW - THE 8TH EDITION: RUSSIA CHAPTER
The article highlights recent trends and summarises key developments of the anti-bribery and anti-corruption landscape in Russia. As a member of leading international organisations and conventions on countering corruption Russia makes efforts to implement international best practice. The country is...
29 November 2019
Considerations for bidders who dispose of target shares during a scheme
The application by ASIC to the Takeovers Panel in the recent Australian Unity Office Fund ( AOF ) trust scheme is a reminder that there are a number of important considerations that a bidder should keep front of mind if proposing to dispose of a pre-scheme stake during a scheme of arrangement.