Skip Ribbon Commands
Skip to main content
 

Regulator June 2011

Welcome to our June edition of Regulator

In this issue, we look at a number of proposed reforms, the challenges associated with these and the evolving regional markets, and as we do so, it is clear that the wave of regulatory reform that commenced 18 months ago has not yet lost momentum. Many of the major reports and consultation papers produced over this period are yet to be implemented, and in some cases, the rumination looks set to continue. These reforms cover a wide range of areas and have an impact across the market, including the wealth management, funds, retail and investment banking sectors.

In her article, Michelle Levy considers what happens when regulation isn't synthesised in her review of the role of super trustees and the difficulties they face in reconciling the recommendations of the Cooper Review, the requirements of My Super and APRA's standards. Michelle, along with Michael Mathieson, also looks at the impact of uncertain regulation and the quagmire that the FOFA reform process seems to have found itself in.

Damien Richard reports on Australia's more moderate response to structured financial products, while Minny Sui, based in Hong Kong, looks at changes to the territory's funds industry with the influx of PRC asset managers setting up global platforms, promoting RMB products, including RMB funds. Jim Boynton and Anne-Marie Neagle look at the trend to increase regulatory capital for banks and non-banks in Australia.

While we feel very strongly that the reform process must be one that all market participants actively engage in, there is little doubt that senior personnel at regulatory bodies play a key role in shaping our regulatory landscape. With this in mind, Caroline Coops and Sharon Henrick offer some background on the new Chairman of the Australian Competition and Consumer Commission.

We hope you find this mix of articles interesting and look forward to bringing you more of this analysis next month.

Best wishes,
Stuart Fuller
​​

sign_B+W-copy.png

Signpost

Executive Remuneration - market maker or breaker?

Mallesons is pleased to host our first Market Regulation Forum on Tuesday 28 June, focused on executive remuneration reform in Australia. The Forum brings together a group of key market stakeholders, across Government, industry groups and sectors.

For more information contact us.

Mallesons takes a fresh approach to China

A visionary new Five Year Plan that marks a historical turning point for China was the topic of a China Insights Boardroom Series held by Mallesons in our Sydney, Melbourne, Perth and Brisbane centres. Read more

Mallesons tops ALB awards

Mallesons won seven awards at the 2011 Australasian Legal Business awards including CSR firm of the Year for the third consecutive year and Managing Partner of the Year. Read more 

 

 

Author(s)

 

 Local contact(s)

 
Key developments in financial sector regulation

IN THIS ISSUE:

Newsletter home

Summary of this edition

Increases in regulatory capital for retail OTC derivative issuers

ASIC proposes to increase the cash flow and regulatory capital required by issuers of contracts for difference and other retail over-the counter derivatives. Read more

Investing by superannuation funds post Stronger Super

Beyond a recommendation that trustees should be solely responsible for investing fund assets, the final report of the Super System Review, released in June 2010, was largely silent on how a trustee should exercise its investment powers. Read more

Latest trends in the Hong Kong funds industry

One major trend in the last 12 months for the Hong Kong funds industry has been a significant increase in the number of PRC asset management companies coming to Hong Kong to set up their fund platforms and the increasing emergence of RMB products, including RMB funds. Read more

Structured Financial Products - The Australian regulatory response and the future

The GFC prompted re-thinking of the fundamental settings of the regulation of financial services and products in Australia.  Financial product design controls and a duty of suitability for product issuers were proposed, which were seen by some as a threat to innovative structured financial products. Read more

Tax advice and privilege

A Treasury discussion paper is considering privilege in relation to tax advice.  Why is it needed?  Does legal professional privilege provide better protection than the accountants’ concession?  How do they differ in practice? Read more

The future of financial advice: on a road to somewhere?

In 2008, Storm Financial and Opes Prime failed.  In 2009, the Ripoll Inquiry examined these and other corporate collapses, and financial services and financial products more generally, and reported its findings.  Read more

Credit developments

The National Consumer Credit Protection Act was enacted in 2009 and the National Credit Code commenced operation in July 2010.  However, there are still transitional issues under the Act to be aware of as well as proposals for further reform, many of which are likely to come into effect soon. Read more 

A new face for a new era?

On 3 May 2011, the Government announced that it has nominated Rod Sims to become the next Chairman of the Australian Competition and Consumer Commission (ACCC).  Read more

followTwitter.png followTwitter.pngfollowTwitter.png