What is an ASIC Court Enforceable Undertaking? Court enforceable undertakings occur in many forms and can impact how an Australian Financial Services Licence (AFSL) holder does business. For this reason and many more, AFS licensees must understand this kind of legal action and how to respond.
The Quality of Advice Review (QAR) is a report presented to the Australian Government. It concerns the definitions, quality and provision of financial advice by Australian Financial Services Licence (AFSL) holders, proposing new understandings of the current frameworks and guidelines. […]
On 23 October 2023, the Markets Disciplinary Panel (MDP) and the Australian Securities and Investments Commission (ASIC) published an important update. Infringement Notice MDP06/23 addresses alleged contraventions of the ASIC Market Integrity Rules (Securities Markets) 2017 (MIRs or Rules) by a particular market participant that operated a non-public crossing system (dark pool) from 1 April [...]
In October 2021, the Australian Securities and Investments Commission (ASIC) put new product design and distribution obligations (DDOs) into effect. In May 2023, after 18 months of enforcement, ASIC released a report investigating progress in these areas. […]
As the financial services landscape grows more intricate and new market entrants disrupt long-held conventions, the challenges of compliance become particularly noticeable. Varying interpretations and fast-changing requirements complicate an already-stringent regulatory environment. Australian financial organisations are left scrambling to play by the rules — all without jeopardising the processes that keep them afloat in a [...]
Regulatory change management is an ongoing challenge for Australian Financial Service Licence (AFSL) and Australian Credit Licence (ACL) holders. The process is difficult due to numerous financial regulators, strict guidelines and dozens of weekly changes — but there are even more factors to consider. […]
All financial services providers must keep track of trends such as business and consumer behaviours, new technology solutions and cybersecurity threats. These patterns are key to staying relevant and competitive — but to stay compliant, financial firms need to track trends in another area: regulatory change. […]
Regulatory change management is notoriously difficult for financial service providers — especially in Australia, where regulations are particularly strict and numerous. With at least seven top regulators to watch, including the Australian Securities and Investment Commission (ASIC), AUSTRAC and the Office of the Australian Information Commissioner (OAIC), each releasing dozens of regulatory changes and notices [...]
Although the financial services industry faces many unique challenges, regulatory risk management is among the most important. Compliance protects both the financial services provider and its clients — but keeping track of every regulation and making the correct changes can be highly demanding. […]
