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Why your AML/CTF Program needs to be independently reviewed regularly
18 Feb 2025
Naomi Fink
Special CounselIf you are a business that will be regulated in 2026 under Tranche 2 of the AML/CTF reforms, we can help you stay up to date as the reforms progress,…...
Read moreLicensing 101: The Fit and Proper requirement
10 Feb 2025
Ellie Khor
LawyerWhen applying for an AFSL, applicants must be prepared to meet the fit and proper requirement – a test that assesses competence, financial soundness, legal compliance and moral character. ASIC…...
Read moreIt’s time to dust off your conflicts of interest policy
27 Jan 2025
Josh Wigney
AssociateIn 2018, ASIC launched a crusade against poor financial advice. ASIC looked at how some of Australia’s larger banking and financial services institutions dealt with conflicts of interest between…...
Read moreCertified Wholesale – SMSFs and Accountant’s Certificates
21 Jan 2025
David Court
PartnerOne of the more popular methods used to treat investors as wholesale clients is through the use of accountant's certificates. Financial advisers and accountants need to be aware of…...
Read moreAs a credit licensee, can you sign the Annual Compliance Certificate?
18 Jan 2025
Ursula Noye
Senior AssociateIf you are a credit licensee, you must lodge an annual compliance certificate with ASIC within 45 days of your licensing anniversary each year. Your licensing anniversary is the anniversary…...
Read moreIs the end coming for the Sophisticated Investor?
17 Jan 2025
David Court
PartnerThe distinction between wholesale and retail clients is a fundamental part of the financial services laws. The continuing increase in retail client regulation over recent years and the increasing…...
Read moreDo I really need to do Responsible Manager (RM) Training?
16 Jan 2025
Samantha Hills
PartnerYou’re busy. You have a business to run and services to deliver. On top of that, your compliance consultant is saying you need to do Responsible Manager training. Is…...
Read moreEfficiently, Honestly and Fairly – What does it mean?
10 Jan 2025
Grant Holley
Co-Founder & ConsultantI’d like some “Efficiently, Honestly and Fairly” please, with a dash of “community expectations” thrown in.[1] I would like to start with what is, I think, an unarguable proposition. No…...
Read moreASIC v HSBC: Is “adequacy” enough to manage cybersecurity risk?
20 Dec 2024
Ursula Noye
Senior AssociateWhile Optus and Medibank come to mind when we think of cyber incidents, ASIC is increasingly enforcing its regulatory priority of licensee failures to have adequate cyber-security protections. Think RI…...
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