Author:Victoria Campbell

1
Australia: Internal Dispute Resolution (IDR) Reporting Due for Financial Services Licensees
2
Australia: How Financial Services Entities Can Better Respond to the Needs of First Nations Consumers
3
Australia: Climate-related Financial Disclosure: Exposure Draft Legislation
4
OCC Announces New Bank Merger Policies
5
SEC Staff Publishes FAQs on Tailored Shareholder Reports
6
ICMA’s Code of Conduct for ESG Ratings and Data Products Providers – A Step Towards Consistent Global Standards
7
Australia: Proposed Licensing Exemptions for Foreign Financial Services Providers (FFSPs) Before Parliament
8
Australia: ASIC to Focus on Net Zero Statements and Targets
9
Hong Kong Relaxes “Double Dipping” Restrictions For Large IPOs
10
Australia: Quality of Advice (QAR) Recommendations Partly Addressed

Australia: Internal Dispute Resolution (IDR) Reporting Due for Financial Services Licensees

By: Daniel Knight and Laura McFadzean

All Australian financial services licensees with a retail authorisation, Australian credit licensees and certain unlicensed entities and superannuation trustees (eligible entities) are required to report IDR data to ASIC by 29 February 2024 at 11:59 PM.

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Australia: How Financial Services Entities Can Better Respond to the Needs of First Nations Consumers

By: Jim Bulling and Laura McFadzean

The Australian Securities and Investments Commission (ASIC) has published information highlighting the challenges First Nations persons face in respect of identity verification for accessing financial products or services, such as opening bank accounts or withdrawing from superannuation funds.

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Australia: Climate-related Financial Disclosure: Exposure Draft Legislation

By: Lisa Lautier and Rebecca Mangos

The Australian Government has released Treasury Laws Amendment Bill 2024: Climate-related financial disclosure, which is draft legislation confirming mandatory reporting of climate-related financial disclosure requirements.

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OCC Announces New Bank Merger Policies

By: Grant F. Butler, Robert M. Tammero, Jr, Yuki Sako, and Aiden D. O’Leary

On 29 January 2024, Acting Comptroller Hsu gave a speech articulating his vision that the US banking system should support the diversity, dynamism and the size of the US economy, and unveiling proposed updates to the OCC merger application review processes. Shortly thereafter, the OCC issued a notice of proposed rulemaking (NPR) proposing to (i) eliminate automatic expedited approval based on passage of time and inaction by the OCC, which would result in every bank merger or consolidation application requiring a deliberate approval by the agency; and (ii) adopt a policy statement containing factors and indicators considered by the agency in reviewing such applications, and principles that will guide the OCC decision making process, including factors such as financial stability, financial and managerial resources and future prospects, and convenience and needs. OCC is accepting comments on the NPR which are due 60 days after publication in the federal register.

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SEC Staff Publishes FAQs on Tailored Shareholder Reports

By: Cal Gilmartin, Abigail Hemnes, Michael Davalla and Benjamin Skillin

This past Friday, the SEC staff issued a set of responses to FAQs on the Tailored Shareholder Reports (TSRs) Rule. While these responses only represent the views of the staff of the Division of Investment Management and have no legal force or effect, they provide welcome clarity and guidance on certain elements of the Rule that had been the subject of discussion across the industry.

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ICMA’s Code of Conduct for ESG Ratings and Data Products Providers – A Step Towards Consistent Global Standards

By: Carolyn Sng and Sook Young Yeu

The International Capital Market Association (ICMA) has released a voluntary code of conduct for ESG ratings and data products providers (the Code), reflecting recommendations by the International Organization of Securities Commissions (IOSCO). The Code is intended to be internationally interoperable and may be used by jurisdictions where no local code or regulation is in place.

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Australia: ASIC to Focus on Net Zero Statements and Targets

By: Lisa Lautier and Dhivya Kalyanakumar

On 21-22 November 2023, the Australian Securities & Investments Commission (ASIC) hosted the ASIC Annual Forum with a focus on ‘navigating disruption’. With heightened geopolitical uncertainty and market volatility, ASIC outlined its key focus areas for 2024:

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Hong Kong Relaxes “Double Dipping” Restrictions For Large IPOs

By: Carolyn Sng and Vincent Tso

The Stock Exchange of Hong Kong (HKSE) has introduced a new exemption to its “double dipping” rule for large IPOs. “Double dipping” refers to a subscription by an existing shareholder (including pre-IPO investors and cornerstone investors) or its close associate for further shares in the IPO, which is restricted by the HKSE on account of the actual or perceived preferential treatment by the issuer for its existing shareholders. This new exemption permits “double dipping” subject to certain size conditions being met, and is effective with immediate effect on 21 November 2023.

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Australia: Quality of Advice (QAR) Recommendations Partly Addressed

By: Jim Bulling and Laura McFadzean

On 14 November 2023, the Australian Government released what is described as the first of three tranches of proposed draft legislation implementing the QAR recommendations.

While the government is still saying it intends to address the remaining recommendations of the QAR, there were no commitments given at this stage.

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