Australia

FSB publishes targets for enhancing cross-border payments

On 13 October 2021, the Financial Stability Board (FSB) published a press release announcing the publication of its first consolidated progress report covering the progress made during the first year of the G20’s Roadmap for Enhancing Cross-border Payments. The report highlights that most of the milestones set by the Roadmap for 2021 have been completed … Continue Reading

FSB report – Policy proposals to enhance money market fund resilience

On 11 October 2021, the Financial Stability Board (FSB) published a report which forms a key part of its work programme on non-bank financial intermediation. The policy proposals in the report aim to address systematic risk and minimise the need for future extraordinary central bank interventions to support the sector alongside enhancing money market fund … Continue Reading

FSB letter to G20 Finance Ministers and Central Bank Governors

On 6 October 2021, the Financial Stability Board (FSB) published a letter from its chair to G20 Finance Ministers and Central Bank Governors. The letter focuses on two key areas of the FSB’s work: Developing a more resilient NBFI sector The letter notes that following the market turmoil in March 2020, the FSB agreed on … Continue Reading

CPMI calls for ideas on solutions to expand PvP settlement

On 7 October 2021, the Committee on Payments and Market Infrastructures (CPMI) issued a call for ideas on payment-versus-payment (PvP) mechanisms. As part of the G20 cross-border payments roadmap, the CPMI is developing proposals for increased PvP adoption by encouraging enhancements to existing PvP arrangements and/or the design of new public and/or private sector solutions. … Continue Reading

FSB / IMF latest progress report on the G20 Data Gaps Initiative

On 8 October 2021, the Financial Stability Board and the International Monetary Fund co-published their sixth progress report on the G20 Data Gaps Initiative. Key messages in the progress report include: Significant progress has been achieved during phases 1 and 2 of the Data Gaps Initiative in closing identified policy-relevant data gaps. Although the initiative … Continue Reading

The drinks are on the insurer: Insurance Australia Ltd trading as CGU Insurance v MOS Beverages Pty Ltd [2021] FCAFC 165

By Ray Giblett (AU), Timothy Chan (AU) and Damien Vickovich on October 11, 2021 Posted in Australia, FinTech, General, Insurance

In a significant decision for insurance contracts in various industries, the Full Court of the Federal Court of Australia has dismissed an appeal concerning the rights of a ‘third party beneficiary’ under an insurance policy. Insurers should take steps to ensure their policy wordings and policy schedules accurately reflect those they intend to cover. Otherwise, … Continue Reading

Financial Services monthly wrap-up September 2021

By Diane Dalfonso, Jon Ireland, Ray Giblett (AU), Timothy Chan (AU), Alex Madry, Laura Taylor, Merren Taylor and Daniel on October 10, 2021 Posted in Australia, Financial advice, FinTech, Funds management, General, Insurance, Investigations, Regulators, Uncategorized

September continued to be a busy month in the funds, super and insurance sectors, as the industry is in the final stages of preparing for the anticipated breach-reporting, anti-hawking reforms and new customer complaints handling requirements which are effective from October. Notably, ASIC has provided further guidance on each of these topics to assist the … Continue Reading

FSB report on the regulation, supervision and oversight of “global stablecoin” arrangements

On 7 October 2021, the Financial Stability Board (FSB) published a progress report setting out the progress made on the implementation of its high-level recommendations for the regulation, supervision and oversight of global stablecoin arrangements. The progress report incorporates the results of a stocktake of the implementation of the FSB’s high level recommendations in 21 … Continue Reading

CPMI and IOSCO publish guidance, call for comments on stablecoin arrangements

On 5 October 2021, the Committee on Payments and Market Infrastructures (CPMI) and the International Organization of Securities Commissions (IOSCO) published a consultative report that proposes guidance on the application of the Principles for Financial Market Infrastructures (PFMIs) to systemically important stablecoin arrangements (SAs), including the entities integral to such arrangements. The proposed guidance focuses … Continue Reading

ISDA – RFR Conventions and IBOR Fallbacks – Product Table

On 4 October 2021, the ISDA issued a product table for RFR conventions and IBOR fallbacks. The table is intended to help counterparties understand how the fallbacks would function in their legacy and new derivatives that reference IBORs. It sets out how fallbacks in ISDA’s amended documentation (without reference to the 2021 ISDA Interest Rate … Continue Reading

Green light on 5 October regulatory changes

By Ray Giblett (AU) and Timothy Chan (AU) on October 6, 2021 Posted in Australia, General, Insurance, Regulators, Regulatory Compliance

On 5 October 2021, a number of insurance regulatory changes affecting insurers, reinsurers, coverholders, underwriting agencies and brokers commenced under the Corporations Act 2001 (Cth) (Corporations Act). In this article we will briefly cover the regulatory reforms that have now taken place and look at what might be next. 1. Product design and distribution obligations … Continue Reading

OECD reports on climate transition

On 4 October 2021, the Organisation for Economic Co-operation and Development (OECD) published: A report ‘ESG investing and climate transition: Market practices, issues and policy considerations’. The report highlights the main findings from recent OECD research on ESG rating and investing. It offers policy considerations to strengthen ESG practices to foster global interoperability and comparability, … Continue Reading

FSB launches new financial stability surveillance framework

On 30 September 2021, the Financial Stability Board (FSB) published a new Financial Stability Surveillance Framework. The new framework will support the comprehensive, methodical and disciplined review of vulnerabilities, helping to identify and address new and emerging risks to financial stability. The FSB will regularly communicate its view on vulnerabilities through its annual reports. John … Continue Reading

Basel Committee calls for improved cyber resilience, reviews climate-related financial risks and discusses impact of digitalisation

On 20 September 2021, the Basel Committee on Banking Supervision issued a newsletter calling on banks to improve their resilience to cyber threats. In the newsletter the Basel Committee reminds firms and institutions that remote working arrangements and increased provision of financial services using digital channels have enlarged banks’ attack surfaces. The Basel Committee also … Continue Reading

ROC publishes revised version of the CDE Technical Guidance

By Hannah Meakin (UK) on September 22, 2021 Posted in Africa, Asia, Australia, Canada, Clearing and Settlement, Clearing and settlement, Clearing and Settlement, Clearing and settlement, Clearing and settlement, Clearing and settlement, France, Germany, Italy, The Netherlands, United Kingdom

On 22 September 2021, the Regulatory Oversight Committee (ROC) of the Global Legal Entity Identifier published a revised version of the CDE Technical Guidance which includes corrections that the ROC considers appropriate to facilitate its jurisdictional implementations. In developing these corrections, the ROC considered the responses to a public consultation that was run between 5 … Continue Reading

IOSCO statement on credit sensitive rates

By Hannah Meakin (UK) on September 9, 2021 Posted in Africa, Asia, Australia, Benchmarks – IBOR transition, Canada, France, Germany, Italy, The Netherlands, United Arab Emirates, United Kingdom, United States

On 8 September 2021, the Board of the International Organization of Securities Commissions (IOSCO) issued a statement on credit sensitive rates. Among other things the statement notes that regulators are concerned that some of LIBOR’s shortcomings may be replicated through the use of credit sensitive rates that lack sufficient underlying transaction volumes. The disproportionality between … Continue Reading

Basel III and global cooperation: where do we go from here?

By Simon Lovegrove (UK) on September 9, 2021 Posted in Africa, Asia, Australia, Canada, Capital adequacy, Capital adequacy, Capital adequacy, Capital adequacy, Capital adequacy, Capital Adequacy, Capital Adequacy, France, Germany, Italy, The Netherlands, United Kingdom, United States

On 8 September 2021, the Basel Committee on Banking Supervision published a speech given by its Secretary General, Carolyn Rogers, entitled Basel III and global cooperation: where do we go from here? During the course of her speech Carolyn Rogers addresses, among other things, some of the more common arguments that have been used to … Continue Reading

IOSCO publishes guidance for intermediaries and asset managers using Artificial Intelligence and Machine Learning

By Simon Lovegrove (UK) on September 9, 2021 Posted in Africa, Asia, Australia, Canada, Fintech, Fintech, Fintech, FinTech, Fintech, Fintech, Fintech, Fintech, Fintech, Fintech, France, Germany, Italy, The Netherlands, United Arab Emirates, United Kingdom, United States

On 7 September 2021, the International Organization of Securities Commissions (IOSCO) published guidance to help its members regulate and supervise the use of Artificial Intelligence (AI) and Machine Learning (ML) by market intermediaries and asset managers, following its consultation report published in June. The guidance consists of six measures that reflect expected standards of conduct … Continue Reading

Monthly Global FinTech regulatory updater

By Hannah Meakin (UK) on September 3, 2021 Posted in Africa, Asia, Australia, Canada, Fintech, Fintech, Fintech, FinTech, Fintech, Fintech, Fintech, Fintech, Fintech, Fintech, France, Germany, Italy, The Netherlands, United Arab Emirates, United Kingdom, United States

Every month we provide the Global Blockchain Business Council’s Post-Trade Distributed Ledger group with a global regulatory FinTech updater, the latest version of which can be found here. Post Trade Distributed Ledger (PTDL) Group is composed of over 40 prominent market infrastructure stakeholders whose shared vision of the use of distributed ledger technology has brought them … Continue Reading

Financial services monthly wrap-up

By Diane Dalfonso, Jon Ireland, Ray Giblett (AU), Merren Taylor, Laura Taylor, Timothy Chan (AU), Alex Madry, Remy Michelson and Melanie Lo on September 2, 2021 Posted in Australia, General, Uncategorized

The month of August 2021 saw a release of anticipated updates to the upcoming changes in the funds management, superannuation and insurance sectors. Notably, Treasury has released the draft updated Corporate Collective Investment Vehicle fund legislation and tax framework, the release of the first Your Future Your Super performance test results and APRA and ASIC … Continue Reading

Casino left without a cent as Federal Court rules on Business Interruption coverage claim

By Ray Giblett (AU) and Timothy Chan (AU) on August 30, 2021 Posted in Australia, FinTech, General, Investigations, Investment

A significant Covid-19 related business interruption claim has been decided in favour of insurers. In Star Entertainment Group Limited v Chubb Insurance Australia Ltd [2021] FCA 907, the Federal Court dismissed Star Entertainment Group’s claim for business interruption losses under an industrial special risks (ISR) policy. It appears Star has appealed the decision. Not surprisingly, … Continue Reading

Government fills the void for unfair contract term enforcement

By Ray Giblett (AU) and Timothy Chan (AU) on August 24, 2021 Posted in Australia, Financial advice, FinTech, General, Insurance, Public Submissions

Following its adoption by insurers in April this year, unfair contract terms laws are set for another revamp. The Treasury has just released draft legislation which will make unfair contract terms unlawful. These laws have been foreshadowed for some time (see our previous update). Currently no pecuniary penalties apply once a contract term is declared … Continue Reading

GFXC releases guidance paper on Last Look, publishes disclosure templates

By Hannah Meakin (UK) on August 19, 2021 Posted in Africa, Asia, Australia, Canada, Clearing and Settlement, Clearing and settlement, Clearing and settlement, Clearing and settlement, Clearing and settlement, Clearing and Settlement, France, Germany, Italy, The Netherlands, United Arab Emirates, United Kingdom, United States

On 18 August 2021, the Global Foreign Exchange Committee (GFXC) issued a guidance paper on ‘last look’ trading within the Foreign Exchange market. Last look is a practice used in electronic trading where a market participant has a final opportunity to accept or reject a trade request made on its quoted price. The GFXC is … Continue Reading

Monthly Global FinTech regulatory updater