Ongoing concerns with European sovereign debt risk and the deterioration of global market sentiment has continued to drive turbulent market conditions over the past few months. Against this backdrop of volatility, we have seen a number of domestic regulatory changes flowing on from continued international regulatory reform efforts, particularly from the United States. In April, the Australian Government released its proposals for the future regulation of the Over-the-Counter derivate markets in Australia. Scott Farrell outlines the key aspects of the proposed regulatory framework in his article and provides some insights as to the potential impact on derivative market participants.
In this edition, we also continue to report on the latest developments in the Future of Financial Advice (FoFA) bills. Many in the financial services industry breathed a sigh of relief when the Government recently removed the opt-in requirement for ongoing advice fees. However, as Kate Jackson-Maynes and Suzanne Gibson note in their article, many fund managers and services providers are unaware of key pieces of US legislation which may significantly increase reporting and compliance costs for certain Australian financial institutions far beyond any costs that any FOFA opt-in would have caused.
Legislative changes in the United States continue to have a significant impact on regulatory compliance issues for Australian companies. Kate Jackson-Maynes and Achala Siriwardhane examine the challenges Australian financial institutions may face regarding the disclosure of customer information in light of the Foreign Account Tax Compliance Act (FATCA) and Dodd-Frank legislation in the US. In addition, the commencement of FATCA will require significant changes to account opening procedures if you will be a participating Financial Institution. Kate Jackson-Maynes and Alice Patterson outline why it is a good time to review your Anti-Money Laundering Program and what changes businesses need to consider in order to comply with FATCA.
In the lead up to the government’s Stronger Super legislation, and other regulatory reforms to be implemented by 1 July 2013, Australian and offshore investment managers are taking stock of how these changes will affect Australian retail and institutional investment patterns, capital requirements, disclosure obligations for investment management agreements and the pressure they may put on investment managers’ fees. Jim Boynton explains why investment managers should start planning now in order to respond to these reforms.
The Prime Minister’s Economic Forum in Brisbane this week, coupled with the imminent release of the government’s Australia in the Asian Century white paper, has refocused attention on the continued need for Australia to increase economic engagement with its Asian neighbours, particularly China. David Olsson, our Beijing-based partner writes that China is reaching a turning point in its economic development path and Australia’s ability to integrate into the regional economy is critical to its longer-term prosperity.
I hope you find the commentary and analysis in this edition useful. As always, we welcome any feedback or suggestions you may have for future editions.
The Federal Government has released its annual report on its deregulation agenda, outlining its progress to date and its regulatory objectives over the next 12 months.
King & Wood Mallesons was the only law firm to make a submission to the Australian Government's White Paper focused on the deepening of our understandng of Australia's role and direction in the Asian Century. Stay tuned for King & Wood Mallesons' indepth analysis and commentary upon the release of the White Paper.
King & Wood Mallesons has announced the recruitment of partner Dirk Walker and Counsel Dina Yun to its Beijing office. The hires reinforce the firm's Energy & Resources capability, a pillar of the strategy that underpinned the recent combination of the leading firms in China and Australia earlier this year.
On April 18, the Australian Government released its proposals for the future regulation of the Over-the-Counter derivative markets in Australia. The proposals contemplate an extensive new regime. Read more.
Some key pieces of U.S. legislation may significantly increase reporting and compliance costs for certain Australian financial institutions far beyond any costs that any FOFA opt-in would have caused. Read more.
The enactment of the FATCA and Dodd-Frank legislation will require Australian financial institutions to report information about their customers to U.S. regulators, which may prove challenging due to current restrictions on disclosure of customer information under Australian privacy laws. Read more.
The commencement of the US Foreign Account Tax Compliance Act will require significant changes to your account opening procedures if you will be a participating Financial Institution. Read more.
Australian and offshore investment managers will be directly impacted by Australian superannuation and other regulatory reforms that are proposed to take effect by 1 July 2013. Investment managers should start planning now in order to respond to the reforms. Read more.
Few things are as important to the world over the next few decades as China’s smooth integration into the global economy. China’s growing share of world trade, the size of its economy and its role as the world’s largest creditor mean that what happens within China is directly relevant to the rest of the world. Read more.