There is an argument that the financial services sector is always changing and that fintech is a case of déjà vu. For those of us with some grey hair we have seen important innovations such as credit cards, automated banking machines and, more recently, online banking. But such innovation did not revolutionise financial services, even
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Australian corporate regulator consults on a proposed ‘regulatory sandbox’ licensing exemption for financial technology start-ups
Encouraging innovation in financial services has been a key policy initiative of the Federal Government in recent times. In its May budget, the Treasurer announced a plan to create a technologically driven and innovation-based economy.
The Australian corporate and conduct regulator, ASIC, has driven this commitment to innovation. In April 2015, it established its ‘Innovation…
Product suitability obligation and intervention powers to be fast-tracked: Government responds to calls for Royal Commission into the banks
In response to Opposition calls for a Royal Commission into the banking sector, the Australian Government has announced a $127 million reform package aimed at increasing the powers of Australia’s corporate watchdog, ASIC. A key component of that package will be the accelerated implementation of two key recommendations of the Financial System Inquiry: an obligation…
ASIC sounds warning on add-on insurance products: time to get your houses (and car yards) in order
In his recent speech at the Insurance Council of Australia Annual Forum ASIC’s Peter Kell delivered a scathing commentary on the state of the add-on insurance market, saying that the industry had made insufficient progress towards delivering better consumer outcomes in the area and sounded a warning: if ASIC is still raising similar concerns in…
ASIC raises concerns over adequacy of Professional Indemnity (PI) insurance for AFS licensees
- ASIC to increase surveillance to monitor compliance with PI insurance requirements
- AFS licensees should check their PI policy to determine whether cover is adequate
- Insurers should review their PI offerings to ensure cover is compliant with RG 126
Following an eight month review, ASIC has released its findings on the PI insurance market and areas of regulatory risk for AFS licensees providing financial product advice to retail clients on Tier 1 products (referred to as ‘advice licensees’).
While the availability of PI insurance cover has improved, ASIC found that not all advice licensees have adequate cover.
ASIC detected compliance issues in five key areas and signalled an intention to increase surveillance of advice licensees to monitor compliance. ASIC’s position is that these issues should be addressed by the industry.
ASIC consults on online calculators – an opportunity for regulatory innovation
The drive towards automated financial services will gather pace in 2016 and here’s the next opportunity to influence the debate.
After updating its relief to better facilitate electronic delivery of mandated disclosure and the use of innovative product disclosure statements (see RG 221), ASIC has released Consultation Paper CP 249 Remaking ASIC class order…
ASIC/IOSCO Chairman supports blockchain innovation
Greg Medcraft made some very encouraging impromptu comments at the COALA/CBA Blockchain Workshops conference in Sydney on 10 December that are consistent with the renewed push to facilitate technology-led innovation in Australia.
Mr Medcraft indicated that the Australian Securities and Investments Commission (ASIC) is willing to support the modification of Australian law to the extent…
Government response to the Financial System Inquiry
Government releases its Response to FSI Final Report.
The Australian Government has released its Response to last December’s Final Report of the Financial System Inquiry or ‘Murray Inquiry’.
The Government appears to have accepted almost all of the Inquiry’s recommendations and has also proposed additional measures that are consistent with the Murray Inquiry’s underlying philosophy.…
ASIC “on the cusp of change” as organisational culture becomes a key focus of the regulator
The release of ASIC’s corporate plan for the coming three years marks the beginning of a new era of conduct regulation in Australia; one in which organisations may face enforcement action for having a culture that is not adequately consumer-centric or for taking advantage of consumer biases which lead to poor consumer decision making.
We…
“User pays” funding model for ASIC: the first step towards a bigger, bolder regulator gets Government backing
The Government has given its support to a “user pays” industry funding model for ASIC in line with the recommendations of the Financial System Inquiry (FSI). A consultation paper has been issued today by Assistant Treasurer, Josh Frydenberg, detailing how the funding model will work.
The new funding model will require the biggest users of…