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Anybody home? The importance of checking whether your corporate clients have been deregistered
17 Oct 2023
Ellie Khor
LawyerThere is no express obligation for a financial services provider to monitor its client lists for deregistered companies. However, the recent case of ASIC v Westpac [2022] FCA 515…...
Read moreWhy your AML/CTF Program needs to be independently reviewed regularly
25 Sep 2023
Naomi Fink
Special CounselWe have conducted lots of independent reviews. In this article we explain who the review obligations apply to, who can undertake them, where they come from, and what to expect.…...
Read moreWhat are the compliance requirements for regulated managed investment schemes?
05 Sep 2023
Samantha Hills
PartnerIn our previous article, Managed investment schemes and when they must be registered, we looked at the definition of managed investment schemes, and what distinguishes a registered from an unregistered…...
Read moreManaged investment schemes (MIS) and when they must be registered
01 Sep 2023
Samantha Hills
PartnerThe term “managed investment scheme” is often used but not always well understood. You might have come across the term while planning a new business venture which will involve attracting…...
Read moreWholesale Client Eligibility – Sophisticated Investor and Individual Wealth Tests
25 Aug 2023
David Court
PartnerIn recent years, the issue of wholesale client eligibility has been attracting increased attention as an area in need of reform. Of particular interest are recent developments in relation to…...
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…...
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 moreFederal Government to remove loophole for Buy Now Pay Later providers
26 Jun 2023
Ursula Noye
Senior AssociateThe Federal Government has announced that it will move to regulate Buy Now Pay Later (BNPL) providers under the National Credit Act[1]. The Hon Stephen Jones MP, Minister for Financial…...
Read moreOur Submission to Consultation Paper: Modernising Australia’s AML/CTF regime
08 Jun 2023
Katherine Temple
Senior AssociateDear Director, RE: Modernising Australia’s AML/CTF regime Thank you for the opportunity to provide feedback on proposed reforms to Australia’s anti-money laundering and counter-terrorism financing (AML/CTF) regime. We support improvements…...
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