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How to be a Responsible Manager – Competence & Responsibilities
09 Nov 2022
Josh Wigney
AssociateThe Responsible Manager (RM) is one of the most important positions that an Australian Financial Services (AFS) Licensee has to maintain. They are the person (or, more likely, persons) who…...
Read moreWho’s in control? Changes of control to a licensed entity and your obligations
09 Jan 2023
David Court
PartnerIn this article, we examine the obligation of AFSL holders and credit licensees to determine whether there has been a change of control in their entity, and subsequently report any…...
Read moreCompliance Committees – why do we need them?
06 Mar 2023
Rachel Erlich
Special CounselThe term Compliance Committee is used in a variety of contexts in financial services. It may be a reference to a committee that is required by law, or it may…...
Read morePulling her punches? The Quality of Advice Review and Wholesale Clients
05 Apr 2023
David Court
PartnerIn recent years, there have been a number of reviews into various aspects of the regulation of the financial services industry. The wholesale client eligibility rules is one area…...
Read moreThe GDPR and Australia
01 May 2023
Vivienne Sasse
Previously a Lawyer at Holley NethercoteWhat is the GDPR? The GDPR The Regulation (EU) 2016/679 of the European Parliament and of the Council (General Data Protection Regulation) (GDPR) sets out the rules in relation to…...
Read moreRegulation and risk collide: managing information as an AFS licensee
01 May 2023
Samantha Hills
PartnerWith the recent spate of data breaches now extending to the financial services industry, Australian financial services licensees are racing to ensure that their information management procedures are up to…...
Read moreBreach reporting: When do I need to report an investigation to ASIC?
05 Jun 2023
Katherine Temple
Senior AssociateLast month, the Australian Securities and Investments Commission (ASIC) updated its guidance on the breach reporting regime, with several amendments to Regulatory Guide 78: Breach reporting by AFS licensees and…...
Read moreCurrently trending: Interim stop orders – ASIC’s focus on design and distribution
07 Jul 2023
Josh Wigney
AssociateWhen we think of trending, we think of what’s popular on Twitter or TikTok, and these trends generally don’t last longer than a couple of days to a week. When…...
Read moreNew penalties for Unfair Contract Terms call for an immediate review of your Standard Form Contracts
09 Aug 2023
Alison Rees
Senior AssociateOn 9 November 2023, a substantial expansion of the unfair contract terms laws (the UCT laws) in the Australian Consumer Law (ACL) and the Australian Securities and Investments Commission…...
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