Financial Services

July and August saw significant developments in Australia’s financial services landscape. Notably, ASIC acknowledged the royal assent of the Treasury Laws Amendments (Delivering Better Financial Outcomes and Other Measures) Act 2024 (DBFO Act), which forms part of the Delivering Better Financial Outcomes package and represents the Government’s response to certain Quality of Advice recommendations. In

Background

The Prudential Regulation Authority’s (PRA) published its Policy Statement “Review of Solvency II: Reform of the Matching Adjustment” (PS10/24) and the associated finalised rules and guidance[1] on 6 June 2024. This followed the publication of the PRA’s consultation paper in September 2023 and the enactment of The Insurance and

Authors: Liz Hastilow, Ray Giblett, James Morris, Rajaee Rouhani, Stephen Lee, Jeremy Moller, Charles Nugent-Young, Merren Taylor, Timothy Chan, Joshua Kan, Steven Li, Liam Mackay and Mia Blundell.

Regulatory activity in the financial services sector picked up between February and April 2024. Notably, ASIC made an opening statement before the public inquiry into insurers’ responses

October was another busy month in the financial services regulatory space. ASIC issued a number of new legislative instruments to continue the relief available under sunsetting class orders, while also removing certain notification obligations under the reportable situations regime. Interestingly, these changes were followed by ASIC’s second publication on insights from the reportable situations regime,

Following the enactment of the Economic Crime and Corporate Transparency Act 2023 (ECCTA) last month, the UK Government has proposed in the Criminal Justice Bill (CJB) (here) to extend the scope of corporate liability for senior managers beyond certain economic offences to all UK criminal offences.

Reform of economic

Following the enactment of the Economic Crime and Corporate Transparency Act 2023 (ECCTA) last month, the UK Government has proposed in the Criminal Justice Bill (CJB) (here) to extend the scope of corporate liability for senior managers beyond certain economic offences to all UK criminal offences.

Reform of economic

Background

On 20 October 2023, the Securities and Futures Commission (SFC) and the Hong Kong Monetary Authority (HKMA) issued an updated joint circular on intermediaries’ virtual asset-related activities (Joint Circular) with appendices. This Joint Circular supersedes the previous joint circular of 28 January 2022.

When the SFC formulated

A new “failure to prevent fraud” offence has been introduced as part of the Economic Crime and Corporate Transparency Act (the Act).

The Act has received Royal Assent, and although timing for implementation is unclear, it is expected that the new offence could come into force during early 2024.

This forms part of broader

The Economic Crime and Corporate Transparency Act 2023 (the Act), which includes the failure to prevent fraud offence (the FTPF Offence), has received Royal Assent.

Overview

The FTPF Offence will make an organisation liable if it fails to prevent a specified fraud offence from being committed where: (i) an employee or agent commits