Governance News 3 July 2019

60 minute read (PDF download)  02.07.2019 Mark Standen, Siobhan Doherty, Kate Hilder

This week's issue features: coverage of APRA's proposed approach to implementing executive product responsibility under the BEAR, ASIC's consultation on administering its new product intervention powers and ASIC's plans to hold public hearings (for the first time) as part of its consultation process on planned changes to guidance on responsible lending.

 

Full coverage of this weeks content is now available. Past issues are available.

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https://www.minterellison.com/articles/governance-news-3-july-2019

Diversity Navigation Show below Hide below

  • United Kingdom | FTSE 350 urged to keep up the pace to meet women on boards target 

Remuneration Navigation Show below Hide below

  • Expanded focus for renamed remuneration committee at CBA 
  • United Kingdom | Pay transparency is failing to curb excessive executive pay? 

Markets and exchanges Navigation Show below Hide below

  • Blockchain project update |  ASX update on the project to replace the CHESS system
  • ASIC is consulting on proposed market integrity rules for 'technical and operational resilience'

Regulators Navigation Show below Hide below

  • ASIC's seven strategic priorities for the next 12 months: In his keynote address to the Committee for Economic Development of Australia, ASIC Chair James Shipton identified protection of vulnerable customers among ASIC's top priorities
  • ASIC cost recovery statement released: Industry claims some fees are excessive?

Financial Services Navigation Show below Hide below

  • Top Story | APRA consults on its proposed approach implementing executive product responsibility under BEAR
  • Top Story | ASIC is consulting on how it plans to administer the new product intervention regime 
  • ASIC to hold public hearings on responsible lending | ASIC will hold public hearings on responsible lending in August to 'robustly test' some of the issues/views raised in submissions in response to ASIC's consultation on proposed guidance
  • Open Banking | The ACCC says that 'several' of the big four banks have commenced voluntary publication of product reference data (PRD) 
  • New ABA Banking Code of Conduct commenced 1 July 2019: ASIC still considering whether to approve further changes
  • Mortgage and Financial Association of Australia have called for a delay in implementing new obligations for mortgage brokers under the new Banking Code of Practice to allow for 'several issues' to be worked through
  • APRA has updated FAQs on the implementation of Protecting Your Super reforms to reflect the government's planned changes to PYSP legislation
  • Top Story | ASIC proposes to prohibit stub equity structures in Australian control transactions
  • Top Story | AFCA to commence 'Look Back' program from 1 July 2019
  • NSW Regulator requires insurers to display previous year's premium on all renewal notices
  • In Brief | The Financial Services Council (FSC) has approved a moratorium, from 1 July, allowing Australians to get up to $500,000 life insurance cover without disclosing any adverse genetic test results.  The Moratorium will be included in the Life Insurance Code of Practice which is currently under review, meaning the Moratorium will have independent oversite by the life code compliance committee who will have the power to sanction members who do not comply
  • In Brief | Fraud volume has increased in globally (including in Australia) according to KPMG: A global KPMG survey into fraud has found that banks are experiencing an increase in fraudulent activity with over half of respondents reporting that they typically recover less than 25% of fraud losses; demonstrating that fraud prevention is key
  • In Brief | ASIC reportedly has 66 open cases and is investigating a further 35 individuals? The Australian reports that in a brief for the incoming federal government, the Australian Securities and Investments Commission (ASIC) has provided an update on its current work program including providing an update on work flowing from the Hayne Commission
  • In Brief | APRA has granted Investec Bank Plc, a licence to operate as a foreign authorised deposit-taking institution under the Banking Act 1959 (Cth)
  • In Brief | On 1 July 2019 the Reserve Bank of New Zealand published a summary of submissions, alongside redacted submissions, to its consultation paper on proposed changes to capital requirements for banks.  The SMH reports that submissions from the NZ's banking sector have opposed the proposals for banks to keep more capital to ensure a safer banking system.  RBNZ will publish a response, and final decisions on capital review proposals in November

Risk management Navigation Show below Hide below

Climate Risk

  • 477 investors called on the world's leaders to accelerate action to achieve the goals of the Paris Agreement ahead of the G20 Summit 
  • United Kingdom | Business leaders ready to lead on climate change? On the back of research showing business leaders are committed to playing a role in meeting climate targets, the IoD and CMI have called on the UK government to release 'practical' guidance on how businesses can contribute
  • First US insurer to phase out its coal investments and insurance policies? Chubb has issued a statement outlining its new policy on coal underwriting and investment
  • The AFR reports that Norges bank has reversed its stance on Rio Tinto 
  • In Brief | Policies are proving ineffective in stopping deforestation, land grabs and human rights violations?  In a new report, Friends of the Earth Australia has called on ANZ, Westpac, Commonwealth Bank of Australia and National Australia Bank to cut their financial ties with the palm oil sector and to withdraw from it completely as soon as possible 
  • In Brief | UK regulators have welcomed the government's green finance strategy: In a joint statement, the FRC, the PRA, the FCA and the TPR have welcomed the release of the strategy.  'Climate change is one of the defining issues of our time. We recognise it presents far-reaching financial risks relevant to our mandates…Companies should consider the likely consequence of climate change on their business decisions, in addition to meeting their responsibility to consider the company’s impact on the environment'

Workplace issues

  • ASX100 companies are failing to provide adequate disclosure of workforce risks? According to ACCR's analysis of ASX100 reporting, companies are providing minimal information on workforce issues despite pressure from investors and shareholders 

Modern Slavery

  • Uncertain future? NSW Modern Slavery Act to be referred to committee

Whistleblowing

  • New regime for corporate whistleblower protections commenced 1 July 2019

Cybersecurity and Privacy

  • EU with OAIC: CBA has committed to upgrading its privacy policy and data governance following two data incidents

Restructuring and insolvency Navigation Show below Hide below

  • Measures to deter businesses from engaging in the black economy: Assistant Treasurer Michael Sukkar released a statement outlining a number of measures came into effect on 1 July 2019

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https://www.minterellison.com/articles/governance-news-3-july-2019