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FCA’s New Gateway for Financial Promotion Approval

by Leela|5 October 2023|Our Thinking

Background On 12 September 2023, the Financial Conduct Authority (“FCA”) published a Policy Statement (PS23/13) (the ‘‘Policy Statement’’), outlining its response to the feedback received in the Consultation Paper (CP22/27). The focus is on creating a new set of rules for authorised firms who approve, or intend to approve, financial promotions for unauthorised firms. Currently, […]

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Cryptoassets financial promotion rules implementation timeline changes

by Leela|26 September 2023|Our Thinking

Background On 7 September 2023, the Financial Conduct Authority (“FCA”) published a press release announcing its intention to revise the implementation timeline for enforcing specific rules related to the promotions of cryptoassets. These rules were outlined in the financial promotion rules for cryptoassets (PS23/6), which were published on 8 June 2023 (“Crypto Rules”). Additionally, the […]

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ASIC and APRA Corporate Plans 2023-2024

by Leela|18 September 2023|Our Thinking

Background On 28 August 2023, the Australian Securities and Investments Commission (“ASIC”) released its 2023-2027 corporate plan (with a focus on 2023-2024). On 29 August 2023, the Australian Prudential, and Regulatory Authority (“APRA”) released its 2023-2024 corporate plan. APRA’s Corporate Plan Update The APRA Corporate Plan strategies have been shaped by recent global events, most […]

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Financial Accountability Regime (“FAR”) Bill 2023

by Leela|13 September 2023|Our Thinking

On 5 September 2023, Australia’s Parliament passed the Financial Accountability Regime Bill 2023 (”FAR”), which replaces and expands on the previous Banking Executive Accountability Regime. The FAR applies to insurers, banks, and superannuation providers, and aims to hold key executives accountable for their organisation’s activities and decisions. The 2024 corporate plans of Australian regulators, ASIC […]

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Australian Treasury Issues 2023 Consultation on Climate Financial Disclosures

by Leela|4 September 2023|Our Thinking

On 27 June 2023, the Australian Treasury issued a second consultation paper titled “Climate-related financial disclosure”. This release builds upon a prior consultation and is in line with the Australian Government’s dedication to creating standardised and internationally aligned reporting requirements for businesses to disclose governance, strategy, risk management, targets, and metrics. Large businesses may need […]

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Australian Treasury Releases Consultation on Exemptions for Foreign Financial Services Providers

by Leela|29 August 2023|Our Thinking

On 7 August 2023, The Australian Treasury released an exposure draft. This draft invites stakeholders to participate in a consultation process regarding proposed exemptions for Australian Financial Services Licences that would apply to foreign financial services providers (“FFSPs“). This initiative follows a prior consultation which lapsed in 2022 due to governmental changes. The exposure draft […]

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UK Law Commission’s Final Report on Digital Assets

by Leela|24 August 2023|Our Thinking

On 28 June 2023, the UK Law Commission (the “Commission“) issued a Final Report on Digital Assets (the “Report“), providing high level recommendations on how digital assets should be categorised and regulated after receiving public input from a consultation held in 2022. The Commission stated that while the common law framework covers the uprising of […]

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Australia’s Position on Regulating Artificial Intelligence

by Leela|15 August 2023|Our Thinking

Artificial intelligence (“AI“) is rapidly growing and bringing positive changes to various aspects of life, but concerns regarding potential risks are also emerging. The Australian government has been prioritising ethical considerations while advancing technology and AI for years. In 2022, the Department of Industry, Science, and Resources of the Australian Government (“the Department“) sought public […]

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Reminder: SEC Marketing Rule for investment advisors

by Leela|14 August 2023|Our Thinking

As a reminder, the Securities and Exchange Commission introduced regulations overseeing the advertising practices of investment advisors, mandating compliance by November 2022. Firms must ensure… Please click here to follow us on LinkedIn to receive the latest information on this and other important topics!

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Modern Slavery Act – Review 2023

by Leela|9 August 2023|Our Thinking

On 25 May 2023, the Attorney-General’s Department released the outcomes of the statutory review (“the Review“) of the Australian Modern Slavery Act 2018 (Cth). The Review focuses on reinforcing Australia’s efforts to combat modern slavery, in accordance with the United Nations Guiding Principles on Business and Human Rights. The proposed changes, if observed… Please click […]

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