THE FOLD
People & Products
The new breach reporting regime which is due to commence on 1 October, 2021, has an expanded significant test and will require licensees to lodge a report within 30 days ...
Financial planning
The increased volume of reports generated from upcoming changes to the Australian Securities and Investments Commissions new breach reporting regime runs the risk of over...
Financial planning
Questions are being asked about whether the Australian Securities and Investments Commission has been wrong to treat asset consultants differently to financial advisers i...
Policy & Regulation
The Commonwealth Bank is facing court action initiated by the Australian Securities and Investments Commission which might have been avoided if it had properly and transp...
Life/Risk
A law firm has raised the prospect of the Australian Securities and Investments Commission using its new Product Intervention Power with respect to insurance adviser remu...
Financial planning
Those looking to acquire advice firms may be well-advised to terminate advisers if they have questionable regulatory compliance histories....
Financial planning
Advisers recommending in-house managed account products to clients could be subject to scrutiny on whether it is a conflict of interest, according to The Fold. ...
Financial planning
Licensees in an agreement with unlicensed product issuers cannot deal in a financial product unless they are issuing, varying, or disposing for the product issuer, accord...
Financial planning
The corporate watchdog now has the ability to assess the suitability of firms applying for an Australian financial services licence through a ‘fit and proper’ person test...
Financial planning
The Financial Adviser Standards and Ethics Authority code of ethics may be in force but no authority is in place to oversee its enforcement and the Australian Securities ...
Financial planning
A senior financial services lawyer has warned that managed accounts may equate to the selling of in-house assets in the eyes of the Australian Securities and Investments ...
Policy & Regulation
With ASIC having recently stopped a number of retail initial coin offerings and token generation events, The Fold Legal finds that tokens don’t always fit neatly into the...
Policy & Regulation
New analysis from legal firm The Fold points to the dynamics of the financial services industry having changed by Australian Securities and Investments Commission licensi...
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MARKET INSIGHTS
Podcast
The succession dilemma is more than just a matter of commitments.This isn’t simply about younger vs. older advisers. It’...
Significant ethical issues there. If a relationship is in the process of breaking down then both parties are likely to b...
It's not licensees not putting them on, it's small businesses (that are licensed) that cannot afford to put them on. The...