Category:Investment Manager Regulation

1
Europe: New Screening Criteria for the EU Taxonomy’s Environmental Objectives
2
Australia: Quality of Advice (QAR) Recommendations Partly Addressed
3
Asia: MAS Consults on Simplified Regulatory Framework for Fund Managers
4
Australia: ASIC Releases Second Report On Reportable Situations Regime
5
Asia: Japan Shareholder Reporting Reform
6
Australia: Mandatory Climate Reporting – The Draft Australian Standards are Here!
7
Asia: Hong Kong Proposes Guidelines for Market Soundings
8
United States: SEC Publishes Its 2024 Exam Priorities—Early
9
Asia: Updates to Tax Incentives for Single Family Offices
10
Australia: ASIC Extends Transitional Relief For Foreign Financial Service Providers

Europe: New Screening Criteria for the EU Taxonomy’s Environmental Objectives

By: Áine Ní Riain and Gayle Bowen

Following their adoption and publication in draft form by the European Commission last June, two new EU Taxonomy delegated acts were published in the Official Journal on 21 November, and will apply from January 2024. They confirm new and amended technical screening criteria (TSCs) in relation to the environmental objectives in the Taxonomy Regulation.  This is a significant build-out in the application of the Taxonomy Regulation given that for an economic activity to be taxonomy-aligned, it must:

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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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Asia: MAS Consults on Simplified Regulatory Framework for Fund Managers

By: Edward Bennett and Ke Jia Lim

On 24 October 2023, the Monetary Authority of Singapore (MAS) issued a consultation paper on the repeal of the regulatory regime for Registered Fund Management Companies (RFMCs).

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Australia: ASIC Releases Second Report On Reportable Situations Regime

By: Matthew Watts and Rebecca Mangos

The Australia Securities and Investments Commission (ASIC) has released its second report on information lodged under the reportable situations regime for the period 1 July 2022 to 30 June 2023.

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Asia: Japan Shareholder Reporting Reform

By: Yuki Sako

The Japanese government is currently considering (i) several amendments to the large shareholding reporting requirement, which is generally triggered when the position of a beneficial owner reaches 5% of outstanding shares, and (ii) a new mechanism to provide transparency around beneficial owners even when the 5% threshold is not reached. Notably, the stated purposes of these considerations include promoting engagement between companies and investors by removing obstacles for investors to effectively engage with companies and by making it easier for companies to identify beneficial owners.  

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Australia: Mandatory Climate Reporting – The Draft Australian Standards are Here!

By: Jim Bulling, Lisa Lautier and Ben Kneebush

On 23 October 2023, the Australian Accounting Standards Board (AASB) released the long-awaited Exposure Draft outlining the Australian climate-related reporting standards.

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Asia: Hong Kong Proposes Guidelines for Market Soundings

By: Carolyn Sng and Tan Choo Lye

The Securities and Futures Commission (SFC) of Hong Kong is consulting on new guidelines to regulate market soundings in advance of transactions such as private placements and block trades. Market soundings are the communication of non-public information (whether price-sensitive or not) with potential investors prior to the announcement of the transaction to gauge investor interest or assist in determining the specifications of the potential transaction. It can be an integral part of price discovery, but the process may be open to abuse if parties trade on the back of non-public information obtained.

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United States: SEC Publishes Its 2024 Exam Priorities—Early

By: Jennifer Klass and Wiley Cole

On 16 October 2023, the Division of Examinations (the Division) of the US Securities and Exchange Commission (SEC) released its examination priorities for the 2024 fiscal year. In an interesting twist, the SEC released the examination priorities early, changing the timing to correspond to the beginning of its new fiscal year.

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Asia: Updates to Tax Incentives for Single Family Offices

By: Edward Bennett and Ke Jia Lim

The Monetary Authority of Singapore (MAS) has recently introduced new guidelines for Single Family Offices (SFOs) applying for tax incentives under the Section 13O and Section 13U schemes. The changes aim to expand tax incentives for family offices to promote investment in environmental and social causes.

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Australia: ASIC Extends Transitional Relief For Foreign Financial Service Providers

By: Rebecca Mangos and Lisa Lautier

The Australian Investments and Securities Commission (ASIC) announced that it has further extended relief for foreign financial services providers (FFSPs) from the requirement to hold an Australian financial services licence (AFSL) when providing financial services to Australian wholesale clients.

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