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Enforceable Undertaking – What you need to know as a licensee
17 Sep 2019
Grant Holley
Co-Founder & ConsultantAn enforceable undertaking, or EU, is an undertaking offered to ASIC, by what we affectionately refer to as “the Pingee”, which sets out in writing certain actions that the Pingee…...
Read moreHow can a computer comply with the Best Interests Duty (BID)?
13 Sep 2019
Grant Holley
Co-Founder & ConsultantThe best interests duty Section 961B of the Corporations Act 2001 (Cth) (“the Act”) requires a provider of financial product advice to act in the best interests of the client…...
Read moreDirectors duties of a responsibility entity
05 Sep 2019
Samantha Hills
PartnerNeed a hand with understanding your duties as director of a responsible entity? Check out this case that made it all the way to the High Court. The case In…...
Read moreProtecting your AFSL from advisers who breach
04 Sep 2019
Samantha Hills
PartnerBeing able to sever ties with an adviser who is causing you to breach your AFSL obligations is an important consideration for licensees. AR agreements and internal auditors You should…...
Read moreEssential things you should know about contracts
03 Sep 2019
Samantha Hills
PartnerEven if you engage lawyers to draft or review your contracts, there are some essential things you should know. 1. The contract document does not necessarily reflect the whole agreement…...
Read moreModern slavery laws and their impact on the financial services industry
30 Aug 2019
David Court
PartnerReaders may be forgiven for thinking that the practice of slavery is now only of historical interest – having been largely abolished in the 19th century. While that is true…...
Read moreProduct Intervention for CFDs issuers and Binary Options has landed in Australia. Read our top 6 FAQs
23 Aug 2019
Paul Derham
Managing PartnerAfter years of speculation, product intervention in the CFDs sector has come to Australia. This article sets out the 8 conditions proposed by ASIC, and some of our commentary. As…...
Read moreCurrent ASIC trends in AFSL and ACL applications and variations
05 Jul 2019
Frank Varga
Head of LicensingSome of you reading may already hold a licence issued by ASIC, be it an AFSL, an ACL or both. If you’re not looking to set up a new business…...
Read moreMismanaging client data can cost you! Lessons to be learned from Equifax
30 Jun 2019
Fiona McCord
Previously a Senior Associate at Holley NethercoteLate 2018, UK based Equifax Ltd was issued with a penalty of 500,000GBP by the Information Commissioner (UK) (the Commissioner) in relation to a privacy breach. The breach occurred under…...
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