Governance News 3 November 2021

60 minute read + (PDF download)  03.11.2021 Mark Standen, Siobhan Doherty, Kate Hilder

This issue covers several significant Hayne related developments including the introduction of legislation proposing to implement the Financial Accountability Regime (FAR) and the Compensation Scheme of Last Resort (CSLR).  The issue also provides a brief update on the roll-out of Director IDs, and the Governance Institute's Future of the Board report as well as various ESG and other risk related developments and more…

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https://www.minterellison.com/articles/governance-news-3-november-2021

Boards and Directors Navigation Show below Hide below

  • A roadmap for existing and future directors: Governance Institute report provides insights into the key challenges board are likely to face looking ahead to 2025
  • Top Story | Status update: Director IDs – what directors need to know now
 

Shareholder Activism Navigation Show below Hide below

  • Shareholder ESG resolutions receive less than 10% support at Whitehaven

Disclosure and Reporting Navigation Show below Hide below

  • Guarding against greenwashing: The CFA Institute releases voluntary global ESG standards investment products
  • IOSCO says setting clear regulatory and supervisory expectations for asset managers is key to addressing greenwashing
  • Global report finds articulating a net-zero target is now 'standard practice' for large corporates
     

Regulators Navigation Show below Hide below

  • APRA Chair says the regulator must balance focus on immediate risks with the need to ensure the regulator is 'prepared for those of tomorrow'

Financial Services Navigation Show below Hide below

  • Top Story | Financial Accountability Regime Status update: FAR Bill introduced
  • Top Story | Status update: Tracking progress against each of the Hayne Commission's 76 recommendations
  • Compensation scheme of last resort: Bills introduced 
  • In Brief | Hayne implementation: The Financial Sector Reform (Hayne Royal Commission Response—Better Advice) Bill 2021 received Assent on 28 October 2021.  Among other things, the legislation introduces a new requirement for all financial advisers who provide personal advice to retail clients about relevant financial products to be registered by 1 January 2023.  ASIC has indicated it intends to provide guidance on these new registration requirements 'later in the year'
  • In Brief | Point of sale credit and responsible lending protections: A first of its kind, Melbourne University study has been released assessing the impact of the point of sale credit exemption on vulnerable consumers.  Ultimately, the authors argue strongly against the government's proposed repeal of responsible lending laws on the basis that it would increase the risk of harm to vulnerable consumers.  The article also calls on the government to 'honour its commitment' to abolish the point of sale exemption in line with Hayne recommendation 1.7
  • COVID-19: The ABA has released a new Financial Difficulty Guideline for ABA member banks
  • The government has introduced a Bill that if implemented would scrap the $450 superannuation guarantee eligibility threshold (among other measures)
  • ASIC has commenced court action against a provider of a small amount credit contracts over (alleged) charging of prohibited credit fees
  • In Brief | ASIC has released two information sheets - Information Sheet 225 Crypto-assets (INFO 225) and Information Sheet 230 Exchange traded products: Admission guidelines (INFO 230) – clarifying how ASIC considers Australian law applies to crypto-asset related investment products and setting out 'good practices' for ensuring compliance with regulatory requirements

Risk Management Navigation Show below Hide below

Climate Risk

  • Global director initiative calls on boards to put climate at the heart of their strategy, risk management and disclosure processes
  • 30 financial institutions commit to tackling agricultural commodity-driven deforestation
  • In Brief | Not on track: World Resources Institute report finds the world is not doing enough to limit global temperature increase to 1.5 degrees across any key indicator
  • In Brief | UK government has confirmed plans to introduce legislation requiring 1300 of the largest UK registered companies and financial institutions to disclose climate-related financial risks/opportunities in line with the TCFD recommendations from 6 April 2022

Privacy, Technology and Cybersecurity

  • Top Story | Decoding the proposed Online Privacy Code and the Privacy Act Review

Other Developments

  • Top Story| Modern Slavery Act – Modern Slavery Amendment Bill 2021 (NSW)
     

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https://www.minterellison.com/articles/governance-news-3-november-2021