ASIC has released an updated Regulatory Guide 160 Time-sharing schemes (RG 160). The updated RG 160 contains guidance on the existing regulation of time-sharing schemes, as well as some new requirements, and is accompanied by an updated legislative instrument. ASIC’s media release (MR20-321) follows an extensive consultation process involving numerous meetings with industry and consumer representatives as […]
On November 27, 2020 ASIC released a draft information sheet on insurance claims handling and settling. This follows the introduction of the Financial Sector Reform (Hayne Royal Commission Response) Bill 2020 (‘the Bill’) into Parliament on 12 November 2020. On passage of the Bill, persons providing claims handling and settling services will need to be […]
On Thursday 19 November 2020, ASIC released a consultation paper seeking feedback on a new reference checking and information sharing protocol for financial advisers and mortgage brokers. Mandating reference checking for financial advisers and mortgage brokers was a recommendation of the Financial Services Royal Commission (Royal Commission)(see Background). The Government accepted the Royal Commission recommendations on […]
On Tuesday 17 November 2020, ASIC issued a Consultation Paper 332 Promoting access to affordable advice for consumers (CP 332). CP 332 seeks input from industry participants and relevant stakeholders to help ASIC understand: the issues and impediments relating to the supply of good quality affordable personal advice; and the practical steps that can be taken by ASIC […]
On November 12, 2020 the federal treasurer the Hon Josh Frydenberg MP released the following statement. Consumers and small businesses will be further protected under a package of legislation introduced into the Parliament today by the Morrison Government. The package of legislation addresses 20 recommendations and one additional commitment from the Hayne Royal Commission into […]
ASIC will extend the deadline for both listed and unlisted entities to lodge financial reports under Chapters 2M and 7 of the Corporations Act (the Act) by one month for certain balance dates up to and including 7 January 2021 balance dates. The extended deadlines for lodgement of financial reports will assist those entities whose […]
On Friday 23 October 2020, ASIC made a product intervention order imposing conditions on the issue and distribution of contracts for difference (CFDs) to retail clients. ASIC’s order strengthens consumer protections by reducing CFD leverage available to retail clients and by targeting CFD product features and sales practices that amplify retail clients’ CFD losses. It […]
ASIC has modified the Corporations Act to prevent stub equity offers of scrip in a proprietary company being made to large numbers of retail target holders in takeover bids and schemes of arrangement. The modification follows ASIC consultation on proposals to address concerns with offers of stub equity to retail investors in control transactions (19-127MR). […]
A recent ASIC surveillance has found that fund managers must do more to ensure their products are ‘true to label’ – that the product name aligns with the underlying assets. ASIC undertook a targeted surveillance of 37 managed funds operated by 20 responsible entities that collectively hold approximately $21 billion in assets. This followed ASIC […]
On Thursday 30 July 2020, ASIC released updated requirements for how financial firms deal with consumer and small business complaints – under their Internal Dispute Resolution (IDR) procedures. ‘Complaints handling is the first step in the dispute resolution framework and plays a critical role for firms to restore consumer trust when things have gone wrong. […]