Governance News 8 April

PDF download  07.04.2020 Mark Standen, Siobhan Doherty, Kate Hilder

COVID-19 Special Edition

In this special COVID-19 edition of Governance News, we feature coverage of key COVID-19 developments including: a) the latest government's stimulus package; b) insights into the current issues for workplaces in planning for and responding to the COVID-19 pandemic; c)  responsible lending changes aimed at facilitating access to credit for SMEs; and d) the AICD's six reform proposals to support companies and directors through the pandemic.  In addition, this issue features coverage of NSW ICAC's guidance to agencies on minimising the risk of corrupt conduct during the pandemic as well as developments in the financial services sector, including APRA's guidance to banks and insurers on dividends and executive bonuses. 

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

eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJuYW1laWQiOiJiMGUyMjE4NS1kOWZkLTQ4NDMtYmY2OS1mNjg4ZGVkOWJjNTAiLCJyb2xlIjoiQXBpVXNlciIsIm5iZiI6MTc0MjYyMzcxMSwiZXhwIjoxNzQyNjI0OTExLCJpYXQiOjE3NDI2MjM3MTEsImlzcyI6Imh0dHBzOi8vd3d3Lm1pbnRlcmVsbGlzb24uY29tL2FydGljbGVzL2dvdmVybmFuY2UtbmV3cy04LWFwcmlsLTIwMjAiLCJhdWQiOiJodHRwczovL3d3dy5taW50ZXJlbGxpc29uLmNvbS9hcnRpY2xlcy9nb3Zlcm5hbmNlLW5ld3MtOC1hcHJpbC0yMDIwIn0.-qwCaeWJd-Gc3CAbJyH-zNqUBwzagtDKUhCUqdNtq5E
https://www.minterellison.com/articles/governance-news-8-april-2020

Receive Governance News in your inbox.

We provide weekly summaries of key regulatory and governance developments in Australia and overseas.

COVID-19: Key Developments Navigation Show below Hide below

  • Top Story | Latest COVID-19 Government stimulus package: new support for business
  • Top Story | COVID-19: Immediate workplace needs and planning for the future
  • Top Story | COVID-19: Easier faster access to credit for small business
  • Top Story | COVID-19: The AICD has identified six key areas in need of urgent reform 
  • COVID-19: The Treasurer has announced changes to the JobKeeper Payment policy to enable more charities to access the payment
  • COVID-19: $800 million in additional funding available for the department of health
  • COVID-19: States and Territories to legislate a mandatory Commercial Tenancy Code to support SMEs during the pandemic

Institutional Shareholders and Stewardship Navigation Show below Hide below

  • COVID-19: State Street has provided guidance for companies on its engagement priorities for 2020 

Meetings and Proxy Advisers Navigation Show below Hide below

  • Santos AGM result: Shareholder climate resolutions received 40%+ proxy support 
  • In Brief | Impact of COVID-19 restrictions on AGMs: ISS has released a white paper summarising guidance issued by regulators in several countries to listed companies concerning AGMs in light of the COVID-19 threat.  Overall, ISS has found that the number of virtual AGMs has more than doubled (so far) in response to the pandemic  

Regulators Navigation Show below Hide below

  • ASIC has commenced proceedings against the Mayfair 101 group in connection with (allegedly) deceptive promotion of two debenture products
  • COVID-19: ASIC has raised concerns about some real estate agents pressuring tenants to apply for early access to their superannuation in order to continue to pay their rent

Corporate Social Responsibility and Sustainability Navigation Show below Hide below

  • Macquarie Group Foundation to donate $A20 million to COVID-19 relief efforts

Financial Services Navigation Show below Hide below

  • COVID-19: APRA has stopped short of directing banks and insurers not to pay dividends 
  • Singapore | HSBC is reportedly under pressure from Hong Kong based retail shareholders following the announcement that it has cancelled its annual dividend 
  • Germany | Poor financial performance and recent sudden losses due to COVID-19 have reportedly prompted the German government to make changes to the supervisory board at Commzerbank
  • A new approach to credit reporting for the duration of the pandemic: The ABA has said mortgage deferral won't impact consumers' credit rating
  • The Australian reports that the ABA has said banks are willing to 'bridge the gap' to assist viable businesses impacted by COVID-19 to hold out until JobKeeper assistance flows through
  • COVID-19: The FSC has announced a commitment on behalf of participating member insurers to assist frontline healthcare workers to access life insurance 
  • COVID-19: The ACCC has granted interim authorisation for insurance companies and brokers to work together to implement COVID-19 relief measures for eligible businesses
  • COVID-19: Rush on super? Industry is reportedly concerned that demand for the government's early access to super scheme will be greater than estimated, reportedly there have been calls for the RBA to undertake scenario modelling to assist industry to prepare 
  • COVID-19: No pause in investigations? ASIC is reportedly continuing to pursue 21 investigations into superannuation funds
  • COVID-19: The ACCC has cautioned consumers about the uptick in reports of scammers targeting superannuation in the wake of the government's early release policy 
  • In Brief | COVID-19: The FT reports that US banks are expected to defend their plans to continue to pay dividends in submissions to regulators on the basis that cancelling dividends would be 'destabilising to investors'.  Separately, in his annual letter to shareholders JPMorgan Chase CEO Jamie Dimon reportedly flagged that the bank may suspend its dividend for the first time in its history if economic conditions continue to worsen (ie if the US economy contracts by 35% in the second quarter and unemployment rises to 14%)
  • In Brief | APRA has written to applicants for new banking or insurance and superannuation licences to advise that it is temporarily suspending issuing new licenses for at least six months in response to the economic uncertainty created by COVID-19
  • In Brief | Consumer group CHOICE has called on private health insurers to go further than delaying premium increases until 1 October and instead commit to halving their premiums in light of the COVID-19 pandemic.  This is justified, CHOICE argues both because people are unable to use the normal services that would allow them to claim on their private health insurance (ie reduced access to extras services and cancellation of many elective procedures) and because 'insurers’ costs will be going down as a result'   
  • In Brief | COVID-19: Hostplus has updated its product disclosure statements to empower 'its Trustee with a broad discretion to suspend or delay unit pricing in extraordinary situations to ensure equity, fairness and balance in investment pricing and transactions in the best interests of all members'.  Hostplus said that contrary to 'misinformed media speculation'...'this trustee power is not new' or 'exceptional' and that the change is unrelated to the timing of the government's early superannuation release scheme.  The fund said it remains committed to supporting the government's early release scheme

Risk Management Navigation Show below Hide below

Culture and Conduct

  • Increased risk of corruption? NSW ICAC has released guidance for agencies to minimise the risks of corrupt conduct during the COVID-19 pandemic 

Human Capital

  • In Brief | COVID-19: Safe Work Australia has released guidance for workplaces on managing COVID-19 risks, as well as a National Statement of Regulatory Intent setting out the enforcement approach that Work Health and Safety (WHS) Regulators (excluding Victoria) will take to ensure compliance with Australian WHS laws during the COVID-19 pandemic

Supply Chain Risk

  • In Brief | Here to stay? NSW parliamentary Committee has recommended various improvements to the Modern Slavery Act 2018 (NSW), and to harmonise it with Commonwealth legislation, but ultimately recommends the NSW legislation be retained

 

Receive Governance News in your inbox.

We provide weekly summaries of key regulatory and governance developments in Australia and overseas.

Contact

Tags

eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJuYW1laWQiOiJlYWUzMTRmYi02NzE4LTQzMTAtYTE1NS01Njk0NjI2MGFlMjMiLCJyb2xlIjoiQXBpVXNlciIsIm5iZiI6MTc0MjYyMzcxMSwiZXhwIjoxNzQyNjI0OTExLCJpYXQiOjE3NDI2MjM3MTEsImlzcyI6Imh0dHBzOi8vd3d3Lm1pbnRlcmVsbGlzb24uY29tL2FydGljbGVzL2dvdmVybmFuY2UtbmV3cy04LWFwcmlsLTIwMjAiLCJhdWQiOiJodHRwczovL3d3dy5taW50ZXJlbGxpc29uLmNvbS9hcnRpY2xlcy9nb3Zlcm5hbmNlLW5ld3MtOC1hcHJpbC0yMDIwIn0.hLVDBgyNfSiYsasrkMW9PGe6-Ppn5GnzwfXsUSYC_t8
https://www.minterellison.com/articles/governance-news-8-april-2020

Point of View: insights into key issues and challenges facing business today.

In this series of interviews with MinterEllison partners we hear their perspective on key areas of interest to our clients and the business community.