Governance News 17 November 2021

60 minute read (PDF download)  17.11.2021 Mark Standen, Siobhan Doherty, Kate Hilder

This week's issue includes coverage of significant financial services and regulatory developments including an update on progress towards implementation of the 76 Hayne Recommendations.  The issue also covers other key risk and ESG developments and more…

Full coverage of this weeks content is now available.

Past issues are available

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https://www.minterellison.com/articles/governance-news-17-november-2021

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Boards and Directors  Navigation Show below Hide below

  • Expert panel discusses the implications of COP26 for Australian boards

Diversity  Navigation Show below Hide below

  • Increasing diversity a top board priority according to Spencer Stuart's 2021 US board index

Meetings and Proxy Advisers Navigation Show below Hide below

  • Meetings/electronic execution reform Bill: ACSI suggests different rules should apply for listed companies

Disclosure and Reporting Navigation Show below Hide below

  • A PR driven approach to disclosure: Federal Court upholds ASIC's case against GetSwift
  • FRC releases guidance on the treatment of climate-related matters in annual financial reporting
  • In Brief | A framework for net-zero target setting: The Science-based Targets initiative has launched a new Paris Agreement compatible, net-zero emissions standard for businesses which is intended to provide a framework for setting science-based net-zero targets consistent with limiting global temperature rise to 1.5°C.  The 'central focus' of the new standard is on the achievement of 'rapid, deep emissions cuts' ie reducing value-chain emissions by 90-95%
  • In Brief | ASX confirms that new reporting requirements in the ASX Listing Rules for Oil and Gas companies are planned (subject to the necessary regulatory approvals) to come into effect on 1 July 2022.  ASX intends to issue updated guidance 'well before the transition date of 1 July 2022'.  ASX encourages entities who wish to do so, to 'early-adopt the changes'

Regulators Navigation Show below Hide below

  • Consultation on proposed changes to the UK regulatory framework for financial regulators
  • Basel Committee plans to consult on principles for the management/supervision of climate-related financial risks

Financial Services Navigation Show below Hide below

  • Top Story | Status update: Tracking progress against each of the Hayne Commission's 76 recommendations
  • Inquiry into the Sterling Income Trust hears that ASIC is 'satisfied that the judgments made were reasonable' and that the introduction of Product Intervention Powers and Design and Distribution Obligations have changed the game
  • APRA has released an information paper explaining its macroprudential policy framework
  • APRA is consulting on proposed additions to APS 220 Credit Risk Management
  • Inquiry into Housing Affordability and Supply hears that APRA's approach to regulating residential mortgage lending is focused on ensuring banks 'are making sound credit decisions' not on targeting house prices
  • APRA Chair outlines changes to the 'architecture for ensuring bank resilience in Australia'
  • Hayne Implementation: APRA finalises revisions to SPS 250 and SPG 250
  • Superannuation portfolio holdings disclosure: Regulations registered
  • CFR to review derivative use by superannuation funds
  • In Brief | Draft remediation guidance released for consultation: ASIC is conducting a further round of consultation on a draft remediation guidance.  In response to industry feedback, the revised draft includes additional examples. The due date for submissions is 11 February 2021
  • In Brief | More information available, but super members remain disengaged? APRA has called on super members to 'more actively engage' with their super after the regulator's analysis found that only 7% of members have taken action to move their savings elsewhere following the recent MySuper performance test. Executive Board Member Margaret Cole said 'Increased transparency is a powerful tool for regulators to bring about improvements in superannuation fund performance, but members should never forget they also have the power to make decisions that will better secure their future in retirement'

Accounting and audit Navigation Show below Hide below

  • In Brief | The UK FRC has published an audit 'blueprint' outlining the regulator's expectations for delivery of a 'high quality audit'.  FRC CEO Sir John Thompson said the report is the 'first time, the FRC has set out its expectations of what good looks like'

Risk Management Navigation Show below Hide below

  • (Still) time for business to prioritise ethics: The Governance Institute has released its latest annual Ethics Index
  • FTSE350 boards rank climate ahead of cyber risk as the top risk facing firms
  • ASIC reiterates calls for companies to review their whistleblower policies and supporting processes

Governance Theory/Principles Navigation Show below Hide below

  • The problem with 'stakeholder supremacy'? Elliott Management's Paul Singer reflects on the role of 'owners'

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https://www.minterellison.com/articles/governance-news-17-november-2021