Governance News 4 November 2020

60 minute read (PDF download)  03.11.2020 Mark Standen, Siobhan Doherty, Kate Hilder

In this issue we cover key ESG and climate related developments including the release of the TCFD's third status report, BlackRock's push for the establishment of global sustainability standards and expert analysis from MinterEllison's Climate Governance Team on the probable implications for Australian companies of the step change in emissions reduction expectations being driven by banks and superannuation funds.  We also cover the heated debate around the proposed introduction of permanent changes to meeting and electronic execution requirements, key financial services, regulatory and risk-related developments and more…

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

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Boards and Directors Navigation Show below Hide below

  • The AICD's latest Director Sentiment index finds that supporting strong organisational culture and increasing board diversity remain key priorities for boards
  • PwC annual director survey finds boards are increasingly focused on ESG issues, but remain slow to deal with board underperformance or to prioritise succession planning
     

Diversity Navigation Show below Hide below

  • Investors call on Russell 3000 boards to disclose diversity data
  • Should we consider imposing gender targets?
     

Shareholder Activism Navigation Show below Hide below

  • Activist governance push at Twitter: Review recommends that the existing classified structure be dismantled and annual director elections be instituted
  • In Brief | Market forces has confirmed it will push ahead with its shareholder climate resolution at ANZ (despite the bank's latest climate commitments) on the basis that they don't go far enough
     

Institutional Shareholders and Stewardship Navigation Show below Hide below

  • BlackRock is pushing for the establishment of global sustainability standards
  • UK National Standards Body releases a new sustainable finance standard for investment managers
 

Meetings and Proxy Advisers Navigation Show below Hide below

  • Consultation deadline extended: The government has extended the deadline for submissions on proposals to make temporary changes to meeting and execution requirements permanent
  •  Opposition to the proposal to give companies the option to hold virtual AGMs
  • The case for virtual meetings: The Governance Institute outlines why pushing ahead with proposals to modernise outdated requirements makes sense
     

Disclosure and Reporting Navigation Show below Hide below

Markets and Exchanges Navigation Show below Hide below

  • In Brief | Further delay to CHESS replacement: In response to industry concerns, ASX has pushed back the go-live date for the CHESS replacement system to April 2023 and increased the scope of the project.  ASX CEO Dominic Stevens said that this will mean 'a significantly enhanced CHESS replacement solution on Day 1'

Financial Services Navigation Show below Hide below

  • Top Story | LIBOR Transition: what you need to know
  • COVID-19: So far funds have paid out $34.6 billion under the government's early release of superannuation scheme, the data indicates that the number of applications coming through continues to slow
  • The ICA has welcomed the release of the final report of the Royal Commission into National Natural Disaster Arrangements
  • Travel insurance: Insurer has instituted a remediation program after customers were 'potentially mis-sold' travel insurance
  • In Brief | UK Business Interruption Test Case: Supreme Court Appeal will be heard from 16 November
  • In Brief | Treasury Laws Amendment (2020 Measures No 4) Bill 2020 was introduced into the House of Representatives on 28 October and has been referred to the Senate Economics Legislation Committee for report by 26 November.  Among other things, the Bill proposes to make transitional amendments related to the replacement of the Superannuation Complaints Tribunal with the Australian Financial Complaints Authority
  • In Brief | Foreign Investment Reform Bills referred to Committee: The Foreign Investment Reform (Protecting Australia’s National Security) Bill 2020 and the Foreign Acquisitions and Takeovers Fees Imposition Amendment Bill 2020 were introduced into the House of Representatives on the 28 October and have been referred to the Senate Economics Legislation Committee for report by 26 November
  • In Brief | Hayne Case Study | The Federal Court has ordered CBA to pay a $150,000 penalty after finding that the bank failed to take account of a customer's notification that they were a problem gambler and to take reasonable steps to verify their financial situation before offering and approving a credit card limit increase

Accounting and Audit Navigation Show below Hide below

  • PwC calls for rethink of the timing and scope of certain PJC interim report recommendations in light of COVID-19

Risk Management Navigation Show below Hide below

Climate Risk

  • Top Story | Are Australian companies facing a watershed on climate change?
  • Climate change litigation: Australian super fund settles climate action brought by member and acknowledges that climate risk is 'a material, direct and current financial risk'
  • Columbia’s Millstein Center has released a global investor-director survey on climate risk management
  • In Brief | Doing nothing on climate is more costly than the alternative: Deloitte report finds that failure to act on climate change now could cost the Australian economy $3.4 trillion by 2070 whereas taking action would add $680 billion to the economy over the same time period

Privacy, Cybersecurity and Technology

  • The government has released the terms of reference for a 'wide ranging review' of the Privacy Act

Other Developments

  • The Governance Institute has called for urgent action to cut the red tape burden on the charity sector
  • In Brief | Australia Post has issued a statement confirming the resignation of Group CEO and Managing Director Christine Holgate and Ms Holgate's willingness to participate with the Australia Post board and management in the recently announced investigation into 'aspects of Australia Post expenditure'

Restructuring and Insolvency Navigation Show below Hide below

  • Top Story | Distressed Debt and Special Situations

Other News Navigation Show below Hide below

  • Consultation on legislation to establish a Commonwealth Integrity Commission

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