Governance News 31 July 2019

60 mins  30.07.2019 Mark Standen, Siobhan Doherty, Kate Hilder

This week's issue features coverage of the consultation on draft legislation to implement FSRC Recommendation 4.7 (the extension of UCT provisions to insurance contracts); the release of the ACCC's digital platform inquiry final report and BHP's commitment to act on scope three emissions.

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

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Diversity Navigation Show below Hide below

  • Gender Diversity on ASX 200 boards has stalled according to the latest AICD report and it's not for lack of board ready female candidates
  • Zero all-male boards: Bloomberg reports that for the first time, all S&P 500 companies have at least one female director

Remuneration Navigation Show below Hide below

  • Do APRA's proposed remuneration reforms go far enough? Professor Elizabeth Sheedy suggests a moratorium on bonuses in the financial services sector until a better approach than the flawed 'balanced scorecard' system is identified
  • In Brief | A US study examining the correlation between use of executive pay consultants and CEO pay has confirmed that firms using consultants pay their CEOs more and that the 'CEO pay premium' is largely explained by the composition and complexity of CEO pay

Other shareholder news Navigation Show below Hide below

  • Renewed investor interest in the issue of director 'overboarding': ISS has released a whitepaper analysing emerging trends in investor sentiment
  • In Brief | A pause in listings of active exchange traded funds?  The AFR reports that ASIC has requested that market participants 'cease admitting any non-transparent investment products with internal market makers for the time being' to enable the regulator to consider appropriate regulatory settings.   An ASIC spokesman reportedly confirmed the notice and said the regulator was undertaking a review during the remainder of 2019.  The ASX has reportedly supported ASIC's approach

Financial Services Navigation Show below Hide below

  • Top Story | Implementation of FSRC recommendation 4.7: Consultation on the extension of UCT provisions to insurance contracts
  • The government intends to introduce legislation to implement Financial Services Royal Commission Recommendation 2.4: Grandfathered Commissions
  • ASFA report raises concerns that many Australians are retiring with insufficient superannuation to fund a comfortable retirement
  • Inquiry into the Big Four banks to be broadened to include the ABA, superannuation funds and insurers
  • Alleged breach of requirement to provide financial services efficiently, honestly and fairly: ASIC has commenced civil penalty proceedings against ANZ
  • ASIC has banned a financial adviser (who was the subject of a case study the Financial Services Royal Commission) from providing financial services for a period of three years 
  • An under-representation in the younger age categories (particularly the 20-29 age category): The Australian Prudential Regulation Authority (APRA) has released its Private Health Insurance Annual Coverage Survey for 2018
  • No more closed doors? APRA has required Macquarie Bank Limited, Rabobank Australia Limited and HSBC Bank Australia Limited to tighten the intra-group funding arrangements for their Australian operations following a review of funding agreements across the authorised deposit-taking (ADI) industry
  • Treasury is consulting on remaking the existing Private Ancillary Fund Guidelines 2009 which are scheduled to sunset on 1 October
  • In Brief | Open Banking Bill progress update: Treasury Laws Amendment (Consumer Data Right) Bill 2018 has progressed to third reading stage in the House of Representatives
  • In Brief | ANZ has announced new risk weight floors will be applied to the NZ mortgage and farm lending portfolios for Level 2 reporting, following notification by APRA. The new risk weight floors would reduce the group's tier-1 capital ratio by 20 basis points
  • In Brief | APRA has released an updated Implementation Plan for its new Data Collection Solution due to go live in 2020. The new solution will replace Direct to APRA (D2A)
  • In Brief | ASIC is consulting on proposals to improve substantial holding disclosure by agents involved in securities lending (agent lenders). ASIC is proposing to replace [CO 11/272] with a legislative instrument that includes all the relief currently in [CO 11/272] in addition to proposed relief for agent lenders. This would be consistent with ASIC's policy in Regulatory Guide 222 Substantial holding disclosure: Securities lending and prime broking and the relief provided under Class Order [CO 11/272]. The deadline on submissions is 9 September 2019

Accounting and audit Navigation Show below Hide below

  • United Kingdom | The six largest UK audit firms must start regular reporting to the FRC by August on their policies/procedures/response to non-financial conduct matters
  • In Brief | Simon Dingemans has been appointed as the new Chair of the UK Financial Reporting Council and will lead its transition to the new regulator the Audit, Reporting and Governance Authority (ARGA). He will take up the position in the 'autumn'

Risk management Navigation Show below Hide below

Cybersecurity, Technology and Privacy

  • ACCC Digital Platforms Inquiry Final Report released: The government will consult and release its final detailed response at the end of the year
  • Why not licence digital platforms? Trying to regulate digital platforms like Google and Facebook as if they were traditional publishers won't work, but why not licence them as we would a bank?
  • Facebook will pay a $5bn fine to settle alleged privacy violations
  • The NAB announced on 26 July that it had commenced notifying the approximately 13,000 customers whose personal information may have been compromised as a result of a security breach

Climate Risk

  • BHP has reportedly said it will spend $US400m to create a climate investment program to reduce emissions from its own operations as well as those generated from its resources
  • Suncorp will reportedly exit the thermal coal sector in response to a shareholder resolution

AML/CTF Risk

  • Consultation on Bill seeking to introduce a $10,000 cash payment limit 

Other Developments

  • Swinburne University has launched the inaugural quarterly Australian Leadership Index, a measure of community perceptions and expectations of leadership in the public, private, government and not-for-profit sectors
  • United Kingdom | A new edition of the UK government's risk management principles for government departments (The Orange Book) has been released. It sets out the main principles underlying effective risk management in all government departments and arm's length public bodies with responsibility derived from central government for public funds. The last time the document was updated was 2004

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