Governance News 20 May 2020

60 minute read (PDF download)  19.05.2020 Mark Standen, Siobhan Doherty, Kate Hilder

COVID-19 Special Edition

In this special COVID-19 edition of Governance News, we feature coverage of key COVID-19 developments including: a) managing the transition back to workplaces; b) update from ASIC on extended reporting dates/AGMs; c) the continuing investor focus on ESG issues (including climate issues) despite the pandemic; d) the shift toward virtual meetings (investor/shareholder attitudes to the shift); and d) other financial and regulatory developments.  

This issue also features coverage of the Governance Institute's latest Gender Diversity Index which provides insights into the progress that ASX 300 boards have made towards improving diversity in their ranks over the past six years.

Full coverage of this weeks content is now available


Past issues are available

eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJuYW1laWQiOiIwNzcxNTI2OC00MmQ5LTQwOTMtYTQzYS0zYWRiYzIwNzY4OWMiLCJyb2xlIjoiQXBpVXNlciIsIm5iZiI6MTcyODY2OTU4NCwiZXhwIjoxNzI4NjcwNzg0LCJpYXQiOjE3Mjg2Njk1ODQsImlzcyI6Imh0dHBzOi8vd3d3Lm1pbnRlcmVsbGlzb24uY29tL2FydGljbGVzL2dvdmVybmFuY2UtbmV3cy0yMC1tYXktMjAyMCIsImF1ZCI6Imh0dHBzOi8vd3d3Lm1pbnRlcmVsbGlzb24uY29tL2FydGljbGVzL2dvdmVybmFuY2UtbmV3cy0yMC1tYXktMjAyMCJ9.0rOS0i0ptB-nCuB2GLOKl0Xe-KRupfoNR6eQ8eE2QEU
https://www.minterellison.com/articles/governance-news-20-may-2020

Receive Governance News in your inbox.

We provide weekly summaries of key regulatory and governance developments in Australia and overseas.

COVID-19 Key Developments Navigation Show below Hide below

  • COVID-19 and Managing the Safe Return to Workplaces
  • In Brief | COVID-19: Avoiding the COVID-19 support cliff?  Support measures are due to end at the end of September, potentially triggering a second downturn.  The Grattan Institute argues that a more flexible and nuanced approach, tied to business recovery, withdrawing some support earlier and extending support where needed may avoid this
  • In Brief | COVID-19: Suddenly withdrawing JobKeeper support could risk undoing the work the scheme is achieving in keeping businesses ticking over.  Academics propose instead easing the transition from JobKeeper by replacing it with some form of government-controlled revenue-contingent loan scheme
  • In Brief | Conditional COVID-19 support: The Canadian government has made receipt of  COVID-19 financial support conditional on companies meeting certain requirements including commitments to publish annual climate related disclosure reports consistent with the Financial Stability Board’s Task Force on Climate-related Financial Disclosures, including how their future operations will support environmental sustainability and national climate goals
 

Diversity Navigation Show below Hide below

  • Top Story | (Slightly) less male, but still stubbornly pale and stale? New report finds that though some (slow progress) has been made to improve gender diversity on ASX 300 boards over the last six years, the cultural diversity of Australian boards is slipping backwards
  • In Brief | US Report argues that rebuilding after the pandemic is a unique opportunity for organisations to increase diversity inclusion and equity:  The report provides 'concrete' guidance from US academics and business leaders to assist entities to make progress on the issue
 

Institutional Shareholders and Stewardship Navigation Show below Hide below

  • COVID-19: Virtual meetings should not become the default format post-pandemic? Institutional Investors have called on companies to commit to reverting to physical/hybrid meetings when COVID-19 restrictions allow
  • The world's largest wealth fund has dropped several coal and other companies on ESG grounds
     

Meetings and Proxy Advisers Navigation Show below Hide below

  • COVID-19: Investors are wary of virtual meetings becoming the default meeting format?  Standard Life Aberdeen shareholders have rejected a resolution that would have enabled AGMs to be held 'virtually' post-pandemic
  •  COVID-19: Shareholders vote in support of hybrid meetings at Rio Tinto
  •  ISS data shows the number of virtual AGMs globally is already almost double the total number of virtual meetings held in the 2019 calendar year
  • Climate remains a key focus for investors, despite the pandemic?  Recent AGM results have been welcomed by climate activists as evidence of growing support for the adoption of Paris aligned emissions targets
 

Disclosure and Reporting Navigation Show below Hide below

  • COVID-19: ASIC has further extended reporting deadlines by one month for listed and unlisted entities and extended AGM deadlines for two months for balance dates up to and including 7 July 2020

Regulators Navigation Show below Hide below

  • COVID-19: AFCA has announced changes to the way in which it will deal with complaints from small business owners regarding certain COVID-19 relief measures
  • COVID-19: The UK FRC will release an initial assessment of good corporate governance and AGM practices 'in the summer', ahead of the release of the annual Corporate Governance Review
  • SEC is targeting COVID-19 related misconduct: The SEC charged two companies and a CEO with COVID-19 related fraud
 

Corporate Social Responsibility and Sustainability Navigation Show below Hide below

  • Moving beyond 'trust us, we care' towards practical implementation and accountability – Academics outline why the Delaware Benefit Corporation model could be the answer in the US context

Financial Services Navigation Show below Hide below

  • Foreign Bank Tracker released
  • COVID-19: The FSC has announced that participating life insurers have committed to temporary measures to ensure that COVID-19 will not impact the way in which TPD claims are assessed
  • APRA data shows private health membership is decreasing especially among younger people, CHOICE has called on the government to institute a public inquiry
  • Buy now pay later Code of Conduct delayed until 1 January 2021
  • Industry has welcomed the passage of a Bill that will make tax relief for merging superannuation funds permanent
  • ASIC has flagged concerns about the superannuation consolidation process
  •  APRA has published its weekly update on the early release of superannuation scheme
  • In Brief | COVID-19 capital requirements: APRA has released guidance for authorised deposit-taking institutions to assist them in determining their requirements under APS 116 Capital Adequacy: Market Risk
  • In Brief | The Australian reports that AUSTRAC has launched an investigation into Paypal's compliance with AML/CTF reporting requirements.  The external auditor's report is reportedly due to be provided to the regulator in August
  • In Brief | Consumer group CHOICE has issued a statement calling on banks to immediately reduce interest rates on existing Virgin Velocity Frequent Flyer credit cards to 10% to reflect the fact that the value of the Virgin program is currently 'in jeopardy'
  •  In Brief | COVID-19: The UK FCA has outlined plans to run a 'test case' in the High Court to resolve legal uncertainty around the handling of claims under business interruption insurance policies
 

Risk Management Navigation Show below Hide below

Cybersecurity, Technology and Privacy

  • COVID-19: COVIDSafe App privacy protections now 'enshrined' in law
  • The ACCC is seeking feedback on a draft news media and digital platforms bargaining Code
  •  In Brief | COVID-19: The AFR reports that the Federal government has convened a national group – the Digital Economy and Technology Senior Officials Group – of state and federal ministers to improve coordination of technology initiatives and policy planning in the wake of COVID-19
  •  In Brief | The Law Council has told the Inquiry into the Telecommunications Legislation Amendment (International Production Orders Bill) 2020 that it has 'significant concerns about the lack of adequacy of safeguards affecting nearly all aspects of the proposed International Production of Orders or IPO scheme' and has outlined over 30 'constructive suggestions' to address them in a submission 

Climate Risk

  • In Brief | Net-zero by 2050?  The Spanish government has reportedly released a draft law that proposes (among other things) the immediately ban on all new coal, oil and gas projects. The changes are reportedly expected to shape Spain's COVID-19 recovery
  • In Brief | King Review released: The report makes 26 recommendations to reduce Australia's carbon emissions. Announcing the release of the report Energy Minister Angus Taylor said it is the next step in the government's ‘technology not taxes’ approach to reducing carbon emissions which will 'incentivise voluntary emissions reductions on a broader scale – without imposing new costs on households, businesses or the economy'

Other Developments

  • Aged Care Extra Services Under ACCC Spotlight. Insights re Bupa Case
  • New Inquiry into class action litigation funding and the regulation of the class action industry announced

Receive Governance News in your inbox.

We provide weekly summaries of key regulatory and governance developments in Australia and overseas.

Contact

Tags

eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJuYW1laWQiOiIyNWE5MjkxZC03Mzk1LTRmNTItYjFjMy1hZGIzYTM2N2QxYzgiLCJyb2xlIjoiQXBpVXNlciIsIm5iZiI6MTcyODY2OTU4NCwiZXhwIjoxNzI4NjcwNzg0LCJpYXQiOjE3Mjg2Njk1ODQsImlzcyI6Imh0dHBzOi8vd3d3Lm1pbnRlcmVsbGlzb24uY29tL2FydGljbGVzL2dvdmVybmFuY2UtbmV3cy0yMC1tYXktMjAyMCIsImF1ZCI6Imh0dHBzOi8vd3d3Lm1pbnRlcmVsbGlzb24uY29tL2FydGljbGVzL2dvdmVybmFuY2UtbmV3cy0yMC1tYXktMjAyMCJ9.EHquBE57sGzIy3XJPHpwMKBIWbqIlEeOjDli3Kqbhfs
https://www.minterellison.com/articles/governance-news-20-may-2020

Point of View: insights into key issues and challenges facing business today.

In this series of interviews with MinterEllison partners we hear their perspective on key areas of interest to our clients and the business community.