Governance News 31 March 2021

60 minute read (PDF download)  31.03.2021 Mark Standen, Siobhan Doherty, Kate Hilder

This issue features coverage of key ESG developments including the release of the UK consultation on the proposed approach to implementation of mandatory TCFD reporting. This issue also includes coverage of ASIC's no-action position on electronic AGMs and separately coverage of key financial services, regulatory and risk-related developments.

Full coverage of this weeks content is now available.

Past issues are available

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https://www.minterellison.com/articles/governance-news-31-march-2021

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Diversity Navigation Show below Hide below

  • Closing Australia's gender pay gap: A 'level of apathy' has set in?
  • A question of 'value not just values': State Street's President and CEO outlines the importance of disclosure of detailed and reliable diversity information from an investor standpoint
  • British Retail Consortium launches a Diversity and Inclusion Charter: 55 British retailers have committed to increasing diversity and inclusion practices
 

Remuneration Navigation Show below Hide below

  • Mastercard ties executive pay to the achievement of sustainability goals
  • In Brief | Pay for performance (or not so much)? MSCI has released a study tracking the pay and performance of 235 US CEOs who began and completed their tenure as CEO between 2006 and 2020.  A key finding is that higher CEO pay did not necessarily correlate with stronger financial performance
     

Shareholder Activism Navigation Show below Hide below

  • Doing enough on diversity already? Shareholder proposals have been filed with a number of US banks calling on them to conduct racial equity audits in the wake of BLM protests, the banks have advised shareholders to vote against the proposals
  • 'Say on climate' initiative continues to gain momentum: Oil Search voluntarily adopts a 'Say on Climate' at the company's 2022 AGM, the ACCR has welcomed the announcement
  • 'Feel good' statements aren't enough: Sumitomo Corporation faces a shareholder climate resolution calling for disclosure on how it will achieve its net-zero by 2050 commitment
  • In Brief | Shareholders have filed a resolution with Japan's largest bank, demanding that it align its financing and investments with the goals of the Paris Agreement and disclose its strategy for doing so
 

Institutional Shareholders and Stewardship Navigation Show below Hide below

  • Accelerating the transition to net zero: Asset managers representing $32 trillion in assets under management are now signatories to the Net Zero Asset Managers Initiative (with more expected to sign on ahead of COP26)
  • Tackling racial inequality: Should institutional investors should push for disclosure of meaningful 'equality metrics'?
     

Meetings and Proxy Advisers Navigation Show below Hide below

  • Top Story | Details: ASIC's temporary no action position on virtual meetings

Disclosure and Reporting Navigation Show below Hide below

  • The UK government is consulting on proposals to implement mandatory TCFD reporting
  • Global sustainability standards: KPMG has released its analysis of the key themes to emerge from investor responses to the IFRS consultation
  • In Brief | Central record: SASB has published a list of companies across the world, that are now reporting in line with the SASB standards.  The list includes links to each company's report
 

Financial Services Navigation Show below Hide below

  • APRA Chair tells Committee that work on pre-COVID cyber and super projects has resumed, Hayne implementation is progressing 
  • Banking: APRA Chair outlines the regulator's top priorities for the sector over the next 12 months
  • Hayne implementation: ASIC has released advice fee and lack of independence legislative instruments
  • PJC inquiry launched into mobile payment and digital wallet financial services
  • Upskilling bankers in climate related financial risk: Major bank announces plans to establish a team of climate experts
  • Equal credit access: The US Federal Trade Commission has reminded credit providers of their obligations not to discriminate based on race, ethnicity, religion, sex, sexual orientation or gender identity
  • BI test case: The High Court will hear oral arguments on the application for special leave to appeal the NSW BI test case decision, the development has been welcomed by the ICA
  • In Brief | ASIC's product intervention order imposing conditions on the issue and distribution of contracts for difference (CFDs) to retail clients took effect on 29 March 2021.  The order will remain in force for 18 months, after which it may be extended or made permanent
  • In Brief | Philip Kewin has stepped down as CEO of the Association of Financial Advisers.  The AFA’s General Manager Policy and Professionalism Phil Anderson, has been appointed Acting CEO while the board conducts a search for Mr Kewin's replacement
  • In Brief | Catastrophe declaration extended: The Insurance Council of Australia has extended the previously declared 'insurance catastrophe' applying to large parts of NSW to include South East Queensland, in order to prioritise support for policyholders impacted by recent floods
     

Accounting and Audit Navigation Show below Hide below

  • Global audit quality survey released: IFIAR has called for continued focus on quality improvement

Risk management Navigation Show below Hide below

Modern Slavery

  • Top Story | Modern Slavery deadline approaching
  • Modern Slavery reporting in the UK finance sector: Analysis of reporting by asset managers under the UK Modern Slavery Act 2015 has identified that more than 50% fail to meet minimum legal requirements

Climate Risk

  • Top Story | Positive outlook for investing in Australian renewables
  • Transition to net-zero: AGL may split its retail from its energy generation business
  • Largest gas distribution utility in North America announces target to achieve net zero emissions across its Scope 1, 2 and 3 emissions by 2045

Culture

  • 'Wholly unacceptable' behaviour: Chair of Galvani Bioelectronics terminated for (alleged) historical sexual harassment 
 

Boards and Directors  Navigation Show below Hide below

  • DIN implementation: Treasury has released draft instruments setting out proposed timeframes for DIN applications during the early stages of the regime

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