Governance News 1 July 2020

60 minute read (PDF download)  30.06.2020 Mark Standen, Siobhan Doherty, Kate Hilder
COVID-19 Special Edition

This issue of Governance News, includes coverage of: a) key COVID-19 related developments; b) other financial services and regulatory developments including our summary of the 'Wagyu and Shiraz' appeal decision; c) sustainability and climate risk related developments; and e) cybersecurity, privacy and technology related developments.

Full coverage of this weeks content is now available


Past issues are available

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https://www.minterellison.com/articles/governance-news-1-july-2020

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COVID-19 Developments Navigation Show below Hide below

  • COVID-19 Recovery: More stimulus needed? Grattan Institute report outlines how Australian government's should transition to a 'with-COVID world'

Boards and Directors Navigation Show below Hide below

  • Calls for EU laws to 'embed sustainability into the duties of those at the top of the company'
  • In Brief | COVID-19: WEF considers that the pandemic has underlined the value of integrating ESG into the governance, strategy and operations of companies and has released a six point guidance plan to assist boards in this process

Remuneration Navigation Show below Hide below

  • The disclosure of CEO pay ratios has not had the impact expected? Equilar has released its findings on the impact of 'say on pay' resolutions and CEO pay ratio disclosure on executive compensation

Institutional Shareholders and Stewardship Navigation Show below Hide below

  • HESTA sets net zero by 2050 emissions target, the move has been welcomed by the RIAA
  • BlackRock votes against the reelection of the Chair, four directors and the remuneration policy at AB Volvo (partially) on climate grounds

Meetings and Proxy Advisers Navigation Show below Hide below

  • Climate resolution at Japanese lender Mizuho Financial Group receives 35% support
  •  Formal commitment to work to deliver value to all stakeholders: Shareholders overwhelmingly support the Danone board's decision to become the first listed company to adopt the Entreprise a Mission model
  • Podcast | ISS has released a podcast highlighting trends from the US 2020 annual meeting season including the continued shareholder focus on ESG issues and executive remuneration (among other issues)
 

Regulators Navigation Show below Hide below

  • Webinar: Discussion of the differing approaches financial regulators take to the oversight of culture and non-financial risk in the financial services context
  • In Brief | COVID-19 recovery: The June quarterly statement from the Council of Financial Regulators reiterates the Council's view that 'financial institutions, regulators and governments will need to continue to show flexibility in order to support the objectives of economic recovery, resilience of financial institutions, and fair household and business outcomes'
 

Financial Services Navigation Show below Hide below

  • Top Story | ASIC's appeal against the Wagyu and Shiraz responsible lending decision has failed
  • COVID:19: ASIC has approved the temporary relaxation of some Banking Code requirements
  • Cultural change is needed: Life Code Compliance Committee calls on Code signatories to take their Code obligations seriously
  •  'Encouraging professional behaviour': The Tax practitioners board and the FPA have entered into an MoU to facilitate information sharing between the organisations, including sharing complaints information
  • COVID-19: APRA has asked superannuation funds to provide additional data to enable the regulator to monitor the impact of the pandemic on the super sector and on member outcomes
  • APRA has published its first update to the MySuper Heatmap
  •  COVID-19: So far funds have paid out $17.1bn under the government's early release of superannuation scheme
  • Increasing the superannuation guarantee to 12% would continue to take pressure off the Age Pension according to ASFA report
  • Delivering 'greater flexibility' to boost retirement savings: Superannuation Legislation Amendment (2020 Measures No 1) Regulations 2020 are now in force
  •  COVID-19: FASEA consults on giving planners and advisers three months extra time to complete CPD requirements - draft instrument released
  •  Monitoring progress post-Hayne: Representatives from the financial advice sector appeared before the House Committee on 30 June
  • In Brief | The General Insurance Code Governance Committee has released a guidance - Guidance Note 2 Significant breach obligations – General Insurance Code of Practice – outlining the Committee's Code compliance expectations

Risk Management Navigation Show below Hide below

Climate Risk

  • Central banks and prudential regulators have cautioned that the economic cost of failing to act on climate could result in significant economic losses
  • The AEC calls for a firm commitment to net-zero emissions by 2050
  • bp has announced it has reached an agreement to sell off its petrochemicals business for $5 billion
  • AGL commits to five point climate transition plan, the ACCR says that it is unlikely to head off investor pressure close coal fired power stations
  • In Brief | The BCA's submission in response to the government's Technology Investment Roadmap Discussion Paper, supports setting a net-zero emissions by 2050 target and putting a price on carbon
  • In Brief | The Bank of England has publicly released its own climate disclosure for the first time.  The report sets out the bank's approach to managing climate related risk including: the governance structures/processes in place to manage climate related financial risk; the bank's approach to setting climate strategy and monitoring implementation; and the bank's approach to setting targets and tracking progress against them
  • In Brief | The AFR reports that superannuation fund, Australian Ethical has sold down its investment in Marsh and McLennan, over Marsh's ongoing involvement in the Adani thermal coal mine

Cybersecurity, Technology and Privacy

  • Webinar: Optimising your organisation's technology in a post COVID-19 world
  • COVID-19: OAIC has released guidance to assist industry to comply with privacy obligations when collecting information for contact tracing
  • Australia's 'largest ever investment in cybersecurity': $1.35 billion Cyber Enhanced Situational Awareness and Response (CESAR) package announced
  • In Brief | Swiss Re white paper calls for insurers to consider reporting publicly on 'cyber-resilience': Broadly, the report argues that on balance, the benefits of public disclosure outweigh the potential downsides, not least because an industry-led approach may head off the prospect of potentially 'vague, unreasonable or onerous' future regulation
  • In Brief | Open banking: The CBA, Westpac and the ABA have issued statements welcoming the start of open banking.  The ABA underlined banks' commitment to privacy protections – 'Customers can be assured that they will always be in control of how and when they share their data' ABA CEO Anna Bligh said

Restructuring and Insolvency Navigation Show below Hide below

  • In Brief | COVID-19: ASIC's latest insolvency update includes statistics on the number of companies entering into external administration.  ASIC says that there 'continues to be a material decrease in insolvency activity, April 2020 (down 33%) and to 31 May (down 45%) on the same months in the prior year'

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https://www.minterellison.com/articles/governance-news-1-july-2020

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