Financial Services Regulatory and Governance

Our team has a deep understanding of the financial services regulatory environment and is an active participant through involvement in industry working groups. We manage regulatory issues relating to investments and fund operations including Australian foreign investment regulations and financial services regulations in Australia and abroad. We have advised and assisted a large number of financial services clients with their licensing requirements.

Our financial services team includes dedicated specialists in the regulation of the industry. Our expertise stems from dealing with complex issues across the sector from major financial institutions to specialist service providers, as well as active participation in industry forums.

We are experienced in the establishment, licensing, governance and operation of fund managers and responsible entities, platform operators, superannuation trustees and funds, authorised deposit taking institutions (ADIs), insurance companies, reinsurers and their holding companies, and financial planning firms, brokers and agents in Australia. We specialise in transactions affecting the ownership and control of ADI's, insurers, wealth managers and their holding companies, with particular expertise in demutualisation of credit unions, building societies and friendly societies.

We are a leading adviser on the establishment and operation of managed funds, hedge funds, exchange traded funds and prime broker arrangements and all aspects of obtaining and maintaining Australian Financial Services Licences.

MinterEllison has a strong focus on regulatory compliance and change management issues for its clients. We are unique in our develop of practical tools to help our clients manage their regulatory burdens through the development of licensing toolkits, the widely used Disclosure Toolkits and our specialised publications such as Integrated FSR and Integrated AML.

Our team maintains a close connection with regulatory developments affecting the industry and is recognised as a leading contributor on many areas of reform through active participating in industry working groups, making submissions on key areas of concern to the Government and regular dealings with APRA, ASIC, AUSTRAC, Treasury, FIRB and other regulators.

24 September 2015

There is momentum behind the recognition of financial risks and opportunities associated with climate change and environmental, social and governance (ESG) factors in over the horizon investment decisions. This is driven not only by ethical shareholder groups but increasingly on the international scene by leading institutions who are proactively engaging with the associated valuation, risk management and disclosure issues. These changes shape debate around the investment of client funds in Australia (where there is no member-direction) and could be the tipping point that mainstream trustees and portfolio managers would be ill-advised to ignore.

19 May 2015

The ASX has amended its Operating Rules to enhance disclosure requirements and facilitate the expansion of non-conventional exchange traded funds (ETFs), such as synthetic products and foreign collective investments, on ASX AQUA. Current and prospective issuers of ETFs and Managed Funds on ASX AQUA need to understand the new requirements and ensure compliance with them.

12 March 2015

The final tranche of the Investment Manager Regime (IMR) concessions have at last been released for comment. These rules have been greatly anticipated and will provide much needed certainty for foreign funds and their investors once implemented.

3 March 2015

The Australian Government has released a draft of the internationally negotiated rules and operational arrangements for the Asia Region Funds Passport for public consultation. 

8 December 2014

The Final Report of the Financial System Inquiry chaired by Mr David Murray was released on 7 December 2014. Here, we discuss key points arising from the Report and Mr Murray's speech to CEDA.