ASIC renews RG181 managing conflicts of interest
ASIC has released an updated Regulatory Guide – RG 181, providing clear, principles-based guidance for AFSLs and credit licensees. The changes align the guidance with recent developments in law and policy, and incorporate insights from ASIC’s surveillance. Key updates in RG 181 include:
- Clarification on how the law applies to conflicts of interest, including the scope of the obligation and links to other related duties.
- Guidance on the types of conflicts AFS and credit licensees should identify and manage.
- Practical steps for establishing robust, tailored arrangements for effective conflict management.
AFS and credit licensees must immediately review and update their internal Conflicts of Interest Policy and arrangements to ensure they align with the principles and practical steps outlined in the revised guidance. Read more here.
Organisations affected: All AFS and Credit Licence holders
Policies affected: Conflicts of interest policies
AUSTRAC guidance on insider threat resistance
AUSTRAC is advising regulated businesses to strengthen their defences against insider threats, which involve an employee, contractor, or board member misusing their access for illegal activities like fraud or money laundering. Businesses must ensure personnel management processes are robust, including strong upfront and periodic re-screening of those in high risk roles. Crucially, employees must be required to report changes in circumstances or conflicts of interest. This guidance should be considered when updating the AML/CTF Program for the upcoming March 2026 changes. Read more here.
Organisations affected: AUSTRAC regulated entities
Policies affected: AML/CTF Program
ASIC releases catalogue of legal obligations for private credit funds
ASIC has published a catalogue summarising key legal obligations and regulatory guidance to assist private credit fund operators, including those managing retail and wholesale private credit funds in Australia. The catalogue serves as a practical reference point to help these operators more easily identify and comply with their existing regulatory obligations.
ASIC also outlined plans to refresh regulatory guidance in 2026-2027 to reflect its surveillance findings, current risks, and provide clearer guidance for wholesale funds. ASIC continues to conduct targeted surveillances, focusing on areas like distribution, fees, margin structures, and the management of conflicts of interest. Read more here.
Organisations affected: Private credit fund operators and the broader funds management sector
Policies affected: Suite of policies including Conflicts of Interest, Compliance and Risk Management Frameworks, supporting procedures on distribution, fees and valuation
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