Governance News 26 February 2020

60 minute read + PDF download  25.02.2020 Mark Standen, Siobhan Doherty, Kate Hilder

Governance News provides a weekly wrap up of key governance, regulatory and risk related developments in Australia and overseas.  This week's issue includes coverage of APRA's climate plans; APRA Deputy Helen Rowell's recent speech on lifting accountability standards, and the ACCC's 2020 compliance and enforcement priorities.  It also includes coverage of ASIC's consultation on draft guidance on the new best interests duty for mortgage brokers.

Full coverage of this weeks content is now available


Past issues are available

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https://www.minterellison.com/articles/governance-news-26-february-2020

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Diversity Navigation Show below Hide below

  • A new requirement to take positive action towards achieving workplace gender equality:  The Victorian Gender Equality Bill has passed both Houses
  • In Brief | The WGEA has announced the latest list of Employer of Choice Gender Equality (EOCGE) citation holders and separately, a report showing the effectiveness of the citation in improving workplace diversity.  For example, the report found that EOCGE organisations had: a faster reduction in their gender pay gap than other organisations; a greater proportion of women in all levels of management when compared to non-EOCGE reporting organisations; a stronger pipeline of women moving into senior management roles over the same five-year period; a higher representation of women on their boards; and a higher proportion of female employees working full-time

Shareholder Activism Navigation Show below Hide below

  • Growing support for ShareAction's climate resolution at Barclays? The FT reports that the UK's largest pension fund has signalled support 
  • Engagement results in withdrawal of shareholder proposal at Wells Fargo: Wells Fargo has ended mandatory arbitration for sexual harassment claims following dialogue with activist shareholder Clean Yield Asset Management 
  • Escalation of pressure at Alphabet? The FT reports that failed engagement with activists on human rights has prompted the filing of a resolution at Alphabet calling for increased human rights monitoring 

Institutional shareholders and stewardship Navigation Show below Hide below

  • ACSI will reportedly step up pressure on companies to take climate action over the next 12-18 months
  • HESTA is reportedly facing increased pressure to divest itself of fossil fuel stocks 
  • In Brief | Time to 'focus' on a carbon tax? BlackRock CEO Larry Fink has reportedly said that Australia should 'go much faster into renewables' but that the transition away from coal will necessarily take time.  Mr Fink also reportedly said that Australia and other countries should 'focus on a carbon tax' to reduce demand for carbon (though he reportedly emphasises that it needs to be carefully designed to ensure it doesn't unfairly disadvantage those who cannot afford it)
  • In Brief | Active management as an antidote to 'greenwashing'? The Australian reports that three fund managers — Capital Group, MFS Investment Management and Baillie Gifford — are set to announce the formation of a landmark Australian alliance, the Active Advantage 2020 collaboration, to address promote the credentials of active managers.  Reportedly the alliance replicates similar initiatives launched elsewhere over the past year

Meetings and proxy advisers Navigation Show below Hide below

  • United Kingdom | Levels of 'significant dissent' on the rise at UK companies?  The Investment Association has identified that a quarter of FTSE all-share companies were added to the public register in 2019

Markets and exchanges Navigation Show below Hide below

  • The ASX, in partnership with S&P Dow Jones Indices, has announced the launch of the All Tech Index 
  • ASIC consults on proposals to reduce 'red tape' for IPOs: ASIC is seeking feedback on proposals to grant conditional relief for voluntary escrow arrangements and pre-prospectus communications 

Regulators Navigation Show below Hide below

  • The ACCC has announced its 2020 Compliance and Enforcement Priorities: Competition and consumer issues in the funeral services sector and digital platform issues are among the ACCC's ten top priorities over the next twelve months
  • New Zealand | RBNZ flags plans to take a 'more proactive interest' in overseeing the effective management of cyber-risk given the scale of potential costs for NZ's financial system
  • United Kingdom | The FRC has released guidance for companies on disclosure or risks/reporting consequences arising from the emergence/spread of COVID-19 

Financial Services Navigation Show below Hide below

  • Tightening accountability is 'smart business practice': APRA Deputy Chair Helen Rowell encourages industry to take a proactive approach to preparing for the FAR
  • ASIC is consulting on draft guidance on the new best interests duty for mortgage brokers
  • A 'number of areas requiring ongoing improvement': APRA has released the key findings of a stress testing assessment it carried out on 28 ADIs
  • The superannuation guarantee amnesty Bill — Treasury Laws Amendment (Recovering Unpaid Superannuation) Bill 2019 — passed both houses on 24 February 
  • United Kingdom | The FCA has released a report highlighting key areas of concern across financial markets
  • United Kingdom |  Renewed calls for the government to legislate to protect access to cash: The FT reports that the Access to Cash Review Panel has again called on the UK government to legislate to protect access to cash, reportedly Treasury has said that measures are already in place
  • In Brief | Barclays CEO to depart by the end of next year, and possibly as soon as the AGM in May 2021?  The FT reports that Barclays is set to appoint headhunters to identify a new CEO to replace Jes Staley.  Reportedly, plans for Mr Staley's departure were in place prior to the announcement of the FCA and PRA investigations his relationship with Jeffry Epstein

Risk management Navigation Show below Hide below

Climate Risk

  • Top Story | Time to get serious about climate risk: APRA outlines its plans in a letter to industry
  • United Kingdom | The FRC has launched a review into the reporting and auditing of climate change impacts including the extent to which companies are reporting in accordance with the TCFD framework 

Other Developments

  • United States | Wells Fargo will pay a US$3bn monetary penalty to resolve criminal and civil investigations into historical sales practices involving the opening fake customer accounts 

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