Governance News 24 March 2021

45 minute read (PDF download)  24.03.2021 Mark Standen, Siobhan Doherty, Kate Hilder

This issue features coverage of key ESG developments including recent activist campaigns and the release of the Climate 100+ benchmark.  The issue also includes a status update on virtual meetings and electronic execution requirements following the expiry of temporary COVID-19 measures, as well as key financial services, risk and governance 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-24-march-2021

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

Diversity Navigation Show below Hide below

  • There are still fewer women than men being appointed to boards in Australia but AICD data shows that the number of women appointees is on the rise
  • Diversity is a regulatory priority: The FCA has signalled plans to sharpen its focus on diversity including considering setting minimum diversity requirements through the premium listing rule
  • HESTA has renewed calls for ASX 200 companies to commit to gender parity in leadership by 2030
  • In Brief | Californian firms face a diversity challenge: According to an Equilar, with nine months left to meet the minimum board diversity requirements in California's AB-979, 47.1% of eligible companies would not meet the requirements
     

Shareholder Activism Navigation Show below Hide below

  • Rio Tinto board endorses two advisory ESG resolutions requisitioned by Market Forces and the ACCR
  • Scope 3 resolutions: SEC denies requests from Occidental Petroleum Corporation and ConocoPhillips Company to block shareholder resolutions
  • Proxy Preview 2021: An overview of the key concerns/themes in the shareholder ESG proposals filed so far
     

Meetings and Proxy Advisers Navigation Show below Hide below

  • On hold? Back to pre-COVID execution and meeting requirements (at least for now)

Disclosure and Reporting Navigation Show below Hide below

  • How do companies measure up against key indicators of a 'robust net zero aligned business strategy'? Climate Action 100+ benchmark released
  • Consultation open: SEC is seeking investor feedback on climate disclosure
     

Short and long-termism Navigation Show below Hide below

  • Pushing forward with the National Consumer Credit Protection Amendment (Small Amount Credit Contract and Consumer Lease Reforms) Bill 2019 (No. 2)?
  • RBA urges entities to take concrete steps now to prepare for the 'imminent demise' of LIBOR
  • Indemnities in investments: APRA calls on ADIs to ensure appropriate oversight and control mechanisms are in place
  • BNPL changes? The RBA has flagged it is considering when 'it may be in the public interest' to remove no surcharge rules
  • NSW flooding: Insurance Council of Australia issues catastrophe declaration for 'large parts of NSW', says its monitoring south-east QLD to determine if a similar declaration is also required for that area
  • Warning bell: ASIC succeeds in 'true to label' action, Deputy Chair urges fund managers to ensure their marketing does not represent products as being less risky than they are
  • Consumer harm: UK regulator raises concerns about the potential harms posed by high-risk investment products for over-confident, younger investors
  • COVID-19 prompts cash hoarding?
  • In Brief | Responsible lending: The Treasurer has announced that the temporary small business exemption due to expire on 2 April will be extended until the government secures passage of the National Consumer Credit Protection Amendment (Supporting Economic Recovery) Bill 2020 through the Senate.  Mr Frydenberg said that 'the extension will continue to provide the certainty and confidence necessary to allow small businesses to access credit in a timely and efficient manner'
  • In Brief | UK BI Test case: According to the FCA, insurers have reported that as at 3 March 2021, 10,207 BI policy holders (out the total 21,140 who have had their claims accepted) have received at least an interim payment.  Overall, insurers report that have so far paid out  £192,084,302 in interim/initial payments and £279,823,468 in final settlements
  • In  Brief | INFO Sheet 250 released: ASIC has released an information sheet outlining its approach to giving AFS and credit licensees information about their representatives
  • In Brief | Treasury Laws Amendment (Reuniting More Superannuation) Bill 2020 received assent on 22 March 2021

Regulators Navigation Show below Hide below

  • Top Story | ASIC's new immunity policy: What is it?  What does it aim to do?
  • ASIC's 'full agenda': ASIC's opening statement to the parliamentary committee
  • New APRA member appointed, shift in responsibilities for APRA leadership
     

Accounting and Audit Navigation Show below Hide below

  • In Brief | The UK government is consulting on proposals for the overhaul the UK's audit regime.  The proposals outline the government's proposed approach to implementing its response to the three recent reviews into the audit UK sector: the Kingman Review of the Financial Reporting Council; the Competition and Market Authority's statutory audit market study, and the Brydon Review of the quality and effectiveness of audit.  The deadline for submissions is 8 July 2021

Risk Management Navigation Show below Hide below

ESG

  • 'First of its kind' greenwashing complaint lodged with the US Federal Trade Commission
  • Greenwash? Dow Jones agrees to review the inclusion of a company in its sustainability index after Market Forces raises concerns
  • Green commitments: Coles has set a target to switch to souring100% of its power from renewable sources by the end of FY25, Greenpeace has called on other businesses to follow suit
  • Transition commitments update: AGL provides update on battery commitments

Cybersecurity, Technology and Privacy

  • How boards can strengthen their oversight of cyber risk: WEF report released

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