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February 2024 ESG Policy Update—Australia

Australian Update - Draft Legislation – Climate-Related Financial Disclosures The Australian Government has released Treasury Laws Amendment Bill 2024: Climate-related financial disclosure, which is draft legislation...more

Climate-Related Financial Disclosures: What are They and What do They Mean?

Overview - Background - The Australian Government recently released an exposure draft of the legislation to implement mandatory climate-related financial disclosures (Draft Legislation). This follows the release of draft...more

Global Survey of ESG Regulations for Asset Managers

Asset managers (i.e., investment advisers) offering funds in more than one country are accustomed to adapting to different regulatory requirements. However, the challenges presented by the global regulation of environmental,...more

Global Survey of ESG Regulations for Asset Managers - ESG and the Sustainable Economy Handbook

Investment advisers offering funds in more than one country are accustomed to adapting to different regulatory requirements. However, the challenges presented by the global regulation of environmental, social, and governance...more

Foreign Financial Services Providers – Only 13 Months Remain to Choose Australian Regulatory Options

As many global financial services organisations know, the Australian Securities and Investments Commission (ASIC) during 2020 finalised its Regulatory Guidance for Foreign Financial Services Providers (FFSPs) to transition to...more

Foreign Financial Services Providers Update

UPDATE ON ASIC FOREIGN AFSL REGIME - It has now been over five months since the Australian Securities and Investments Commission (ASIC) commenced its foreign Australian Financial Services Licence (AFSL) regime....more

COVID-19: Update on Government and Regulator Responses for Superannuation Funds and Fund Managers

Since our last update in late June, governments and regulators have been continuing to address COVID-19 issues with new updates released regularly. Notably, regulators have also extended some temporary measures given the...more

COVID-19: (Australia) Government and Regulator Responses for Superannuation Funds and Fund Managers

There are many government and regulator initiatives aimed at addressing COVID-19 issues and new responses emerge on a daily basis. We have summarised those announcements, relevant to the superannuation and funds management...more

ASIC Publishes Final Guidance for Foreign Financial Service Providers

The Australian Securities and Investments Commission (ASIC) released on 10 March 2020 its finalised Regulatory Guide 176 for Foreign Financial Services Providers (FFSPs). There are some differences in the final RG 176...more

Open Super in Australia: The Consumer Data Right Could Be Extended to the Superannuation Industry

On 23 October 2019, the Senate Committee on Financial Technology and Regulatory Technology (Committee) published an issues paper regarding its comprehensive inquiry into fintechs and regtechs in Australia....more

To Regulate or Not to Regulate? That Was the Question: UK FCA Provides its Final Guidance on Regulation of Crypto-Assets

The UK Financial Conduct Authority (FCA) has released its Feedback and Final Guidance (Guidance) on crypto-assets, specifying when certain types of crypto-assets fall under existing categories. ...more

Enforcement – A New Environment

Welcome to the first of a regular series of K&L Gates Legal Insights addressing the new enforcement environment in financial services. The Hayne Royal Commission into Misconduct in the Banking, Superannuation and Financial...more

ASIC Changes Course on Proposals for Relief for Foreign Financial Services Providers

The Australian Securities and Investments Commission (ASIC) released on 3 July 2019 Consultation Paper 315: Foreign financial services providers (CP 315) which seeks feedback on the proposed introduction of a modified...more

Banks Invest in Developing a Digital Blockchain Settlement System

Late last month, several of the world’s largest banks invested $50 million in a digital cash settlement project with the aim of developing a more efficient clearing and settlement system. ...more

ASIC Updates Guidance on Initial Coin Offerings and Crypto-Assets

On 30 May 2019, the Australian Securities and Investments Commission (ASIC) updated its Information Sheet 225 which sets out guidance for entities that are looking to raise funds through initial coin offerings (ICOs) or are...more

Bank of Canada and Monetary Authority of Singapore Jointly Publish Report on the Use of Blockchain in Making Cross-Border Payments

Two central banks have taken steps to facilitate cross border payments through the use of blockchain. On 1 May 2019, the Bank of Canada (BOC) and Monetary Authority of Singapore (MAS) jointly published a report on their...more

Cryptocurrency Firms Struggle to Engage Auditors

In January 2019, Canada’s largest cryptocurrency exchange, QuadrigaCX, announced that it had lost $180 million of virtual currency, prompting calls for tighter regulatory oversight of the industry....more

Regulators Tighten the Reins On Robo Advisory Firms

In December 2018, the US Securities and Exchange Commission (SEC) settled an enforcement action with Wealthfront, one of the industry’s leading robo advisors....more

Australian Government Announces the Establishment of the National Blockchain Roadmap

On 18 March 2019, the Federal Australian Government announced its plan to establish the national blockchain roadmap (Roadmap) which intends to focus developing regulation, skills and capacity building, innovation, investment...more

3/28/2019  /  Australia , Blockchain , Innovation , Popular

Surge In Cryptocurrency Exchange Hacking Activity

Cryptocurrency exchanges have always been a prime target for hacking activity due to the vast amounts of cryptocurrency and money held within each exchange. Finding and exploiting weaknesses in exchanges can be very...more

Senate Committee Publishes Report and Recommendations on Regulation of Australian Buy Now Pay Later Industry

Following on from the Senate Hearings in January 2019, the Economic References Committee (Committee) published its Report on credit and financial services targeted at Australians at risk of financial hardship....more

Royal Commission Report - Life Insurance and General Insurance

The Final Report of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry was released on 4 February 2019. In addressing the findings from hearings into the insurance industry,...more

Royal Commission Report - Financial Advice Businesses

The Final Report from the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry was published early last week. In addressing the findings from hearings into the Financial Advice...more

Australian Buy Now Pay Later Businesses Discuss the Utility of Open Banking Regime

On 22 January 2018, two of the largest ‘buy now, pay later’ businesses in Australia, Afterpay and Zip.co, appeared at a hearing before the Senate’s Economic References Committee. During the Senate hearing, both Zip.co and...more

2/4/2019  /  Australia , Banking Sector , Lenders , Lending

Life Insurance – Some Sales Tactics Exposed

An Australian Securities & Investments Commission (ASIC) Report, "Sale of Direct Life Insurance" (Report), has exposed systemic issues within the life insurance industry. The findings include a number of dramatic case studies...more

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