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Compliance – What is it good for?
29 May 2020
David Court
PartnerFinancial services licensees will be well aware that they are required to comply with the financial services laws and the conditions of their licence. They are also required to self-report…...
Read moreAre you ‘fit and proper’ or only of ‘good fame and character’?
30 Jun 2020
Jesse Vermiglio
PartnerIn March 2020, the requirements for obtaining and maintaining an Australian Financial Services Licence (AFSL) were amended by the Financial Sector Reform (Hayne Royal Commission Response—Stronger Regulators (2019 Measures)) Act…...
Read moreBusiness Partnerships – What you should know
24 Jul 2020
Tim Dixon
Special CounselWhat is a partnership? A partnership is a business structure where two or more people enter into a relationship in order to carry on a business, with the mutual intention…...
Read moreCredit licensees, lend us your ear on the new best interests obligations for the mortgage broking sector
30 Jul 2020
Zoe Higgins
Previously a Special Counsel at Holley NethercoteSince 2009, credit licensees and their representatives have grappled with responsible lending obligations. Following the passage of legislation in response to recommendations of the Royal Commission, mortgage brokers will now…...
Read moreBan on conflicted remuneration for mortgage brokers and intermediaries – delayed but on its way
03 Aug 2020
Rachel Erlich
Special CounselIn February 2020, the Financial Sector Reform (Hayne Royal Commission Response – Protecting Consumers (2019 Measures) Act 2020 (Act) passed both Houses of Parliament and received Royal Assent. The Act…...
Read moreRG 132: Financial Services Compliance Systems For Wholesale Managed Funds
05 Aug 2020
David Court
PartnerIn July 2018 ASIC issued its Regulatory Guide 132: Funds Management: Compliance and Oversight (“RG 132”) which looks into what constitutes an effective and responsive compliance management system for a…...
Read moreBuying a Financial Services Business – Tips & Traps
19 Aug 2020
Tim Dixon
Special CounselSweeping bicarbonate and targeting illnesses and the certainty substances used to pass them can make risk of time. Among the continuing units of the Lof C were Thought Trains, a…...
Read moreWhat is an Authorised Representative?
20 Aug 2020
Grant Holley
Co-Founder & Consultant“What’s in a name?” A fair bit when it comes to the term ‘representative’ under our Australian Financial Services licensing regime. The Act defines the term ‘representative’ as including Authorised…...
Read moreHow Legal are your Corporate Authorised Representative / Authorised Representative Agreements? Take the Quiz
03 Sep 2020
Tim Dixon
Special CounselIn October 2016, we published a brief article entitled “Is your Standard Form Contract bullet proof?”. That article was prepared immediately prior to the changes to the Unfair Contracts regime…...
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