Governance News 25 January 2022

50 minute read (PDF Download)  25.01.2022 Mark Standen, Siobhan Doherty, Kate Hilder

In the first issue of Governance News for 2022, we cover the government's new proxy reforms, BlackRock CEO Larry Fink's annual letter to CEOs and various key financial services related developments including the draft terms of reference for the planned Quality of Advice Review as well as an overview of the proposed foreign licensing exemption regime and more…

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Boards and Directors Navigation Show below Hide below

  • ATO issues reminder about deadlines to apply for Director IDs

Diversity  Navigation Show below Hide below

  • The glass ceiling is still in place? European Women on Boards report finds the pace of progress on gender diversity remains slow, the initiative plans to push for progress on legislating quotas
  • Half of FTSE 100 firms are now disclosing workforce diversity data

Shareholder Activism Navigation Show below Hide below

  • Global report finds Australia was second only to the US in terms of the level of activist activity in 2021
  • ACCR names the companies it plans to target in 2022
  • Market Forces is calling on shareholders in 18 global banks to push the lenders to withdraw their financing of a proposed new gas project
  • US banks again targeted by US Interfaith Center on Corporate Responsibility over climate lending
  • Investors have called on vaccine manufacturers to integrate the achievement of WHO vaccine production/distribution goals into their executive remuneration strategies
  • The obesity crisis is a sustainability issue? Unilever targeted  with a 'health' resolution

Institutional Shareholders and Stewardship Navigation Show below Hide below

  • Top Story: Larry Fink's annual letter 2022: Stakeholder capitalism is not woke, just good business says BlackRock CEO
  • ACSI has released updated Governance Guidelines to reflect 'evolving' investor expectations on a range of ESG issues
  • In Brief | Best practice examples: Investor Agenda has released 10 case studies highlighting leading practice for setting and implementing Investor Climate Action Plans (ICAPs).  So far, 271 asset managers and asset owners have committed to issuing ICAPs through the Net Zero Asset Managers Initiative and the Paris Aligned Investment Initiative.  It's hoped that the best practice examples will support these investors (and others) to implement 'bold' action plans

Meetings and Proxy advisers Navigation Show below Hide below

  • New proxy reforms to take effect from February
  • SSGA proxy agenda for 2022: Climate and diversity the two main areas of focus

Regulators Navigation Show below Hide below

  • Five regtech businesses have received funding to conduct a feasibility study to test potential technology solutions to assist ASIC in monitoring compliance by listed companies with corporate disclosure requirements

Financial Services Navigation Show below Hide below

  • Top Story | Foreign licensing exemption regime released
  • Top Story | Status update: Tracking progress against each of the Hayne Commission's 76 recommendations
  • Hayne implementation: Quality of advice review draft terms of reference released
  • Consultation on proposals to 'streamline' education requirements for financial advisers
  • ASIC has issued a warning to super fund members about an uptick in scams pushing for individuals to switch to SMSFs in order to invest in cryptocurrency
  • 19 North American and Canadian banks form climate risk group
  • Australian consumer groups warn UK government against relying on industry 'self-regulation' of BNPL sector
  • ASIC is consulting on proposed changes to guidance for licensed exchanges on ETP naming conventions
  • In Brief | Implementation of Hayne Recommendation 2.10: From 1 January 2022, ASIC must convene a Financial Services and Credit Panel (FSCP) in circumstances prescribed by the Financial Sector Reform Amendment (Hayne Royal Commission Response—Better Advice) Regulations 2021.   ASIC has indicated its intention to consult on guidance on the operation of the FSCP 'in early 2022'.  The regulator has also indicated its intention to release guidance on how it will exercise its new power to issue warnings/reprimands in 'early 2022'.
  • In Brief | Insurance Claims handling and settling reforms now in force: From 1 January 2022, persons providing insurance claims handling and settling services are required to hold an AFS licence.  ASIC has said it will work with industry to 'address any challenges' that may arise in the course of implementing these significant reforms.

Risk Management Navigation Show below Hide below

Cybersecurity, technology and privacy         

  • Top Story | First Security of Critical Information Bill is now live

Climate Risk

  • Top Story | Carbon Markets: The international and domestic state of play
  • In Brief | A year after activist Engine No 1 succeeded in securing three seats on the board, ExxonMobil has announced its ambition to reach net zero GHG emissions for its operated assets by 2050.  Importantly, this applies to Scope 1 and 2 emissions but does not extend to emissions from the use of its fuels (Scope 3 emissions)
  • In Brief | The Australian Energy Council has announced its support for an 'economy-wide' emissions reduction target of 55% on 2005 levels by 2035 as a 'realistic interim target to get Australia to net zero emissions by 2050'.  The AEC is also calling for increased focus on planning for an orderly exit from coal and maintaining Australia's energy security

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https://www.minterellison.com/articles/governance-news-25-january-2022