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18 February 2022
Legislation to amend the Foreign Financial Service Provider licensing exemptions is introduced into Parliament
On 17 February 2022, the Treasury Laws Amendment (Streamlining and Improving Economic Outcomes for Australians) Bill 2022 ( Bill ) was introduced into Parliament with a first reading in the House of Representatives.
09 October 2019
The hidden legal risks in Australian super fund mergers
The contemporary resurgence of super fund mergers presents a material risk of claims against directors of super fund trustees, if trustees are not undertaking appropriately sophisticated diligence exercises that take account of the complexity of modern portfolios.
11 June 2019
Product Intervention Powers and Design and Distribution Obligations in Financial Services: A cross-border perspective
Many regulators view their ability to intervene as one of their key supervisory tools to reduce harm in cases where there is a risk of significant consumer detriment or threat to financial markets.
07 May 2019
Middle East - New Guidelines released to update and expand the Tawazun Economic Program - May 2019
The Tawazun Economic Council (" TEC "), founded in 1992 and originally mandated to be a prime enabler for the Defense and Security sector in the UAE, albeit with a strong focus on economic development, established the offset program known as Tawazun Economic Program (" TEP "). Off the back of its...
11 March 2019
Latest Shake-up of the Remuneration Provisions for Banks and Investment Firms Part 1: Investment Firms
Agreement has now been reached between the European Parliament, the Commission and the Council on the final texts of two Directives which will impact on the remuneration provisions which apply to banks and investment firms. The first is the Investment Firms Directive ( IFD ), which will introduce a...
06 October 2017
Reform of French Securitisation Law and Creation of Specialised Financing Vehicles
The reform of the French securitisation legislation announced by the Government throughout the implementation of 'Sapin 2 Law' has been published on 5 October 2017. This reform is coupled with the introduction into French law of specialized financing vehicles and a new reform of the banking...
11 July 2017
Government releases proposals to regulate financial benchmarks
The Government has released proposals to reform the regulation of financial benchmarks in Australia. Firms which rely on benchmarks to provide financial services or which provide services against benchmarks should be aware of these proposals and consider making a submission in respect of the...
11 July 2017
Australian SIV and PIV regime under review by Department of Immigration and Border Protection
The Department of Immigration and Border Protection ( DIBP ) is consulting on proposed amendments to the Significant Investor Visa ( SIV ) and Premium Investor Visa ( PIV ) regime ( Consultation ) following DIBP’s review of Australia investment visas.
28 June 2017
UK FCA ASSET MANAGEMENT MARKET STUDY – FINAL REPORT
On 28 June 2017, the FCA published its highly anticipated final findings of its Asset Management Market Study (" Final Report "), which can be accessed here . This follows the release of its interim report in November 2016 and the subsequent intensive consultation process with industry which...
22 June 2017
ASIC review of asset-holding requirements in funds management and custodial services – Are you prepared?
ASIC has reported the findings of its review of the compliance by custodians and responsible entities of managed investment schemes with the asset holding requirements ( REP 531 ) imposed by ASIC under Regulatory Guide 133 ( RG 133 ).
05 May 2017
ASIC consults on industry funding model
The Federal Government has released the draft regulations on the operation of the industry funding model for ASIC. The ASIC Supervisory Cost Recovery Levy Regulations 2017 ( Regulations ) establish the mechanisms that will be used to calculate the levies payable by each class of regulated entity,...
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30 June 2022
Asia-Pacific Competition Law Guide 2022
We are pleased to announce the launch of the sixth edition of Herbert Smith Freehills’ Asia-Pacific Competition Law Guide. Since the previous edition of the guide and in the context of the changes brought about by the COVID-19 pandemic, competition authorities across the Asia-Pacific region have...
29 June 2022
Trust Companies see cyber security as key business risk
Our survey confirms that trust companies continue to see cyber security as a key business risk. This is in line with companies in other areas: in IBM's 25 th edition of "The CEO Study", drawn from interviews with 3,000 CEOs worldwide, CEOs ranked cyber risk as their greatest organisational...
27 June 2022
Australia’s new employee stock ownership plan disclosure exemptions present a stark choice
New reforms designed to expand access to employee equity and reduce red tape by removing disclosure and other regulatory requirements will come into force in October – but the reality is they will present companies with a stark choice when offering equity in Australia to employees.
23 June 2022
Trust Companies Survey 2022: Beneficiary Disputes
Respondents continue to identify Beneficiary Disputes (ie disputes between the trustee and one or more of the beneficiaries) as a significant challenge. However, trustees' primary concerns remain in other areas, with Beneficiary Disputes ranking as the sixth most pressing issue. In this article, we...