Governance News 22 April 2020

60 minute read  21.04.2020 Mark Standen, Siobhan Doherty, Kate Hilder

COVID-19 Special Edition

In this special COVID-19 edition of Governance News, we feature coverage of: a)  directors' insurance and liability risk and the challenges facing directors in this context; b) the announcement that the ACCC will develop a mandatory Code for Digital platforms; c) the global impact of the pandemic on shareholder activist activity; d) key regulatory developments including ASIC's latest update on its adjusted regulatory work in light of COVID-19; and e) coverage of developments in the financial services sector including ASIC's action against Youi (Hayne Commission referral).   

Full coverage of this weeks content is now available


Past issues are available

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https://www.minterellison.com/articles/governance-news-22-april-2020

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

COVID-19 Key Developments Navigation Show below Hide below

  • Top Story | Are you covered? COVID-19, directors' insurance & liability risks
  • Top Story | COVID-19 Restructuring Event businesses to survive and thrive
  • COVID-19: The government has directed the ACCC to develop a mandatory code of conduct to govern the commercial relationship between digital platforms and media companies
  • COVID-19: Committed to a 'market-led solution': The government will engage constructively with Virgin Australia's administrator to ensure Australia maintains two commercially viable airlines
  • COVID-19: ASIC cautions firms over lax control frameworks: What works in the office, may not work sufficiently well in the WFH environment 
  • In Brief | COVID-19: WFH arrangements the 'new normal' for some workers? Australia-based Optus call centre staff will reportedly be encouraged to work from home permanently post-pandemic because the shift to working from home has been so successful according to The AFR

Boards and Directors Navigation Show below Hide below

  • COVID-19: ASIC Commissioner John Price reflects on directors duties in the context of the current health crisis

Shareholder activism Navigation Show below Hide below

  • Top Story | COVID-19: Global collapse of shareholder activist activity?

Other Shareholder News Navigation Show below Hide below

  • COVID-19: Zero dividends and no bonuses? The FT reports that constraints are expected to be imposed on European companies that receive financial aid 
  • COVID-19: The FT reports that France, Spain, Austria, Belgium and Greece have extended bans on short selling until mid-May 

Regulators Navigation Show below Hide below

  • COVID-19: ASIC has released an update on regulatory work changes in light of the evolving health crisis
  • COVID-19: Climate risk and oversight of non-financial risk remain focus areas for ASIC: ASIC reports on its oversight of corporate finance activity, including measures taken in response to COVID-19 released
  • COVID-19: AFCA gives firms more time to respond to complaints 
  • In Brief | The Australian Financial Complaints Authority (AFCA) issued a statement welcoming two separate court decisions  -  QSuper Board v AFCA Limited and Lam [2020] FCAFC 55 and Investors Exchange Limited v AFCA Ltd and Lornette Pty Ltd ATF Lornette Superannuation Fund [2020] QSC 74 - which it considers 'support the scope of AFCA's fairness jurisdiction in both its superannuation and general divisions, and the approach AFCA has adopted to its decision making'
  • In Brief | AFCA has announced the appointments of Natalie Cameron as Investments and Advice Lead ombudsman and Heather Gray as superannuation lead ombudsman.  Ms Gray will commence with AFCA on Monday 18 May, while Ms Cameron will start in the role on Monday 22 June

Corporate social responsibility and sustainability Navigation Show below Hide below

  • The FT reports that BlackRock is set to advise the EU on how to integrate sustainability factors into banking regulation 
  • In Brief | ShareAction has released a report ranking the world's largest asset managers' approaches to responsible investment.  Overall, the report concludes that the majority demonstrate a 'substandard  approach' and further that PRI and CA100+ membership is not alone indicative of strong performance on responsible investment

Financial Services Navigation Show below Hide below

  • Hayne referral: ASIC has commenced proceedings against Youi
  • Ten things firms should be doing to prepare for LIBOR transition now: Regulators have said that firms should continue to assume that LIBOR will not be supported beyond 2021, despite COVID-19
  • COVID-19: APRA has announced new commencement dates for six prudential and reporting standards 
  • COVID-19: From next week, superannuation funds will be required to provide APRA with weekly data on the on the early release super scheme 
  • COVID-19: Early release of superannuation scheme: APRA says that it expects funds to release funds to members within five days in most cases
  • COVID-19: Early release of superannuation scheme: Temporary relief to support industry to provide affordable and timely financial advice 
  • COVID-19: No need for dividends to be banned and no need for the RBA to provide superannuation funds with liquidity support (at the moment)? The AFR has published an interview with RBA Governor Philip Lowe 
  • COVID-19: APRA has released a new data collection reporting standard to support the government's implementation of the Coronavirus SME guarantee scheme
  • The Federal Court has made interim orders restraining Mayfair Platinum and Mayfair 101 from promoting debenture products and using prohibited phrases in advertising pending a final determination
  • COVID-19: In Brief | ASIC has released an FAQ on the calculation of estimated retirement impacts relating to the superannuation early access scheme.  Separately, the Conexus Institute, Actuaries Institute and Super Consumers Australia have jointly released an Information Sheet 'designed to be consistent' with ASIC's position to assist funds to provide their members with more meaningful estimates
  • In Brief | The government has reappointed Carolyn Kay and Jane Wilson to the Future Fund Board of Guardians for a further term.  Ms Kay and Dr Wilson joined the Board in 2015 

Risk management Navigation Show below Hide below

Crisis Planning and Communication

  • Communicating a positive CEO/executive COVID-19 diagnosis: Suggested considerations to assist in planning and communicating effectively

Cybersecurity and Technology

  • FSB consults on effective practices for cyber incident response and recovery

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

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