Governance News 10 November 2021

50 minute read (PDF download)  10.11.2021 Mark Standen, Siobhan Doherty, Kate Hilder

This issue has a strong risk focus. It includes several significant developments relating to climate risk management and disclosure including the announcement that the ISSB will develop global sustainability standards. The issues also includes various other risk, regulatory and financial services related developments and more…

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Diversity  Navigation Show below Hide below

  • New report suggests women on boards are driving progress on ESG
  • UK government backs a new five year diversity initiative, building on the success of the Hampton-Alexander Review

Shareholder Activism Navigation Show below Hide below

  • Harder for US companies to be able to exclude certain shareholder proposals?
  • NAB has revised its fossil fuel lending policies, activist Market Forces will press ahead with its resolution calling for an immediate end to fossil fuel investment
  • Morgan Stanley sets science based 2030 targets for emissions reduction across all Scopes, As You Sow has welcomed the move
  • BHP plans to divest its 80% interest in QLD two coal mines as part of its green strategy

Institutional Shareholders and Stewardship Navigation Show below Hide below

  • Better reporting on engagement activities? ICSWG releases new guide to improve reporting by asset managers/service providers

Meetings and Proxy Advisers Navigation Show below Hide below

  • ISS is consulting on proposed benchmark policy changes for 2022

Disclosure and Reporting Navigation Show below Hide below

  • Global sustainability standards one step closer: ISSB to develop global standards

Regulators Navigation Show below Hide below

  • NGFS report calls on financial regulators/supervisors to factor the risks associated with climate-related litigation into their supervision activities
  • NGFS reiterates commitment to act on climate risk
  • RBA and APRA release joint climate pledge
  • New York State Department of Financial Services to integrate climate risk into its supervision of New York based banks and insurers

Financial Services Navigation Show below Hide below

  • Top story | Uptake of the CDR to be accelerated under new rules
  • ASIC calls on companies to do their due diligence before engaging with 'finfluencers'
  • ASIC has released guidance on records of advice
  • FASEA consults on potential changes to the wording of Standard 3 (conflicts) in the Financial Planners and Advisers Code of Ethics
  • ASIC says the timeshare industry is 'on notice' to ensure its practices comply with financial advice obligations
  • FINSIA calls on financial services organisations and professionals to urgently act to lift their 'climate science capability'
  • In Brief | The Public Interest Advocacy Centre (PIAC) has called for ASIC to launch an investigation into 'how life insurers treat people with past or current mental health conditions, in response to continuing widespread discrimination by life insurers'.  PIAC is concerned that without change, 'there is a real chance people will be discouraged from seeking essential treatment for common conditions like anxiety and depression, for fear of being locked out of insurance'
  • In Brief | The UK may have a central bank digital currency by the second half of the decade: HM Treasury and the Bank of England have announced that a consultation will be held in 2022 on the potential development of a UK Central Bank Digital Currency (CBDC). The announcement makes clear that 'no decision has been made on whether to introduce a CBDC' at this stage.  Rather, the planned 2022 consultation will 'inform' the decision on whether to move forward with the 'development phase'.  If the 'case' for the introduction of a CBDC is made, 'the earliest date' for launch in the UK would be in the 'second half of the decade'

Accounting and Audit Navigation Show below Hide below

  • Investor group puts 'big four' UK accounting firms on notice to integrate climate risk into audits or risk votes against their reappointment
  • Where to start: CPA Australia has released a primer to assist accounting professionals to begin to build essential climate-risk expertise

Risk Management Navigation Show below Hide below

  • Top Story | Why investors need more information about how companies are dealing with workplace sexual harassment: Insights from the ACCR

Climate Risk

  • Three Australian state governments have come together to found the Net Zero Emissions Policy Forum which aims to facilitate collaboration between sub-national governments globally net-zero by 2050 29
  • In Brief | COP26 Deforestation pledge: Over 100 countries (including Australia) have pledged to work collectively 'to halt and reverse forest loss and land degradation by 2030 while delivering sustainable development and promoting an inclusive rural transformation'. Separately the UK, Belgium, Canada, Denmark, France, Germany, Japan, the Netherlands, Norway, South Korea, the US and the European Commission on behalf of the EU have pledged $12bn to 'support ambitious partnerships in developing countries that tackle the causes of deforestation'
  • In Brief | COP26: Over 100 countries (not including Australia, China, Russia, India or Iran) have signed the US-EU led, Global Methane Pledge which commits signatories to taking 'voluntary actions' to contribute to the reduction of global methane emissions by at least 30% from 2020 levels by 2030
  • In Brief | COP26: The UK says the end of coal is in sight: Australia has not signed on to the UK-led Global Coal to Clean Power transition Statement which commits signatories to phasing out coal power by 2030 for 'major economies' and by the 2040s for the rest of the world and to ending support for new power stations. The Climate Council has described Australia's position on fossil fuels as a 'handbrake on global climate action'

Corporate Misconduct and Liability Navigation Show below Hide below

  • US Department of Justice signals tougher stance on white collar crime

Restructuring and Insolvency Navigation Show below Hide below

  • Phoenix Surveillance Campaign has a 'positive impact'

Other News Navigation Show below Hide below

  • Top Story | Top 10 practical tips when preparing for an IPO

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https://www.minterellison.com/articles/governance-news-10-november-2021