AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

    Enforcement

    Australian Court Ratifies CBA’s BBSW Settlement

    By Manesh Samtani | 25/06/2018

    CBA will pay a $A5m penalty, A$15m to a financial consumer protection fund, and $A5m towards ASIC’s litigation and investigation costs; bank also agreed to enter into enforceable undertaking with ASIC.

    Enforcement

    ASIC Releases Oversight Guidance For New Financial Complaints Body

    By Garima Chitkara | 21/06/2018

    Newly-formed Australian Financial Complaints Authority will commence operation on 1 November 2018; new regulatory guidance provides ASIC powers of oversight, regulation and rule making over AFCA.

    Enforcement

    Australia Begins ‘Poor Advice’ Civil Proceedings Against Westpac

    By Garima Chitkara | 18/06/2018

    ASIC has begun civil proceedings against Westpac for failing to take necessary steps to ensure fair and efficient financial advice by Sudhir Sinha, a former financial advisor responsible for the breaches.

    Market Infrastructure

    Australia Completes Financial Benchmark Reform

    By Garima Chitkara | 13/06/2018

    Reform process completed with the passage of a licensing regime for financial benchmarks as well as new calculation methodology for key interbank rate.

    Market Infrastructure

    ASIC Consults on ‘Foreign’ AFS Licence Proposal

    By Manesh Samtani | 05/06/2018

    New approach would replace current mechanism of granting relief to foreign financial service providers from AFS licensing, and provide ASIC with broader range of tools to regulate the activities of foreign providers.

    Enforcement

    Australia Introduces Final Phase of ASIC Industry Funding Legislation

    By Manesh Samtani | 28/05/2018

    Final phase involves fees ASIC charges for specific activities such as licence or registration applications; industry funding model to commence 1 July 2018.

    Market Infrastructure

    New BBSW Calculation Methodology Takes Effect in Australia

    By Garima Chitkara | 24/05/2018

    Methodology based upon market transactions over longer rate-set window involving a larger number of participants, during most liquid period of bank bills market; manipulation punishable by civil, criminal penalties.

    Securities / Derivatives

    ASIC Consults on Relief from Naked Short Selling Prohibitions

    By Garima Chitkara | 16/05/2018

    ASIC proposes to grant legislative relief on naked short selling prohibitions for ETF market-making, corporate actions and IPO sell-downs.

    Fintech / Regtech

    IOSCO Meets to Discuss Investor Protection, Emerging Risks

    By JP Reimann | 15/05/2018

    Board to develop support framework to help members address impact of ICOs on investor protection; agree to launch ‘Fintech Network’ to facilitate collaboration on fintech.

    Enforcement

    SFC Signs Enhanced MoU on Cross Border Enforcement Cooperation

    By JP Reimann | 13/05/2018

    Enhanced IOSCO framework enables securities regulators to obtain and share audit working papers, telephone, internet records; compel attendance at interviews; provide guidance on freezing of assets.

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