Governance News 9 September 2020

60 mins (PDF download)  08.09.2020 Mark Standen, Siobhan Doherty, Kate Hilder

COVID-19 Special Edition

This issue of Governance News covers: a) key COVID-19 related developments including discussion of impacts of the temporary six month suspension of insolvency laws; b) an overview of the 32 'quick wins' identified in the Senate Select Committee on Financial Technology and Regulatory Technology's interim report; c)  ESG, sustainability and climate related developments; and d) various financial services, risk and regulatory developments.

This issue also features an article, prepared by the MinterEllison team, answering some of the most commonly asked questions about holding virtual or hybrid meetings and the release of joint guidance issued by the Governance Institute and the Australasian Investor Relations Association on preparing for, and holding virtual meetings.  

Full coverage of this weeks content is now available


Past issues are available

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https://www.minterellison.com/articles/governance-news-9-september-2020

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COVID-19 Key Developments Navigation Show below Hide below

  • Top Story | COVID-19:Temporary amendments to insolvency laws extended to 31 December 2020
  • Top Story | COVID-19 response - six month suspension of insolvency laws
     

Remuneration Navigation Show below Hide below

  • BCA CEO Jennifer Westacott says Australian businesses receiving JobKeeper should not being paying executive bonuses and should be 'thinking carefully' about paying dividends
  • Australia Post board decides to zero-out executive short term incentive payments
     

Diversity and Inclusion Navigation Show below Hide below

  • US President Donald Trump has called for executive branch agencies to defund training programs teaching racial sensitivity

Institutional Shareholders and Stewardship Navigation Show below Hide below

  • What does accountability look like? ACSI's appearance before the Juukan Gorge inquiry
  • 'Corporate governance and board accountability are not luxuries for the good times': Joint FTI consulting and Proxy Insight report finds investors are increasingly willing to voice their dissent through their voting behaviour (despite the pandemic)
     

Meetings and Proxy Advisers Navigation Show below Hide below

  • Top Story | Going virtual this AGM season: MinterEllison releases answers to our most commonly asked FAQs
  •  Practical tips on holding virtual meetings: The Governance Institute and the AIRA have released joint guidance
  • Inching closer? Interim Report recommends modernising Corporations Act meeting, shareholder communication and electronic execution requirements, the Governance Institute has welcomed the recommendations as long overdue
     

Regulators Navigation Show below Hide below

  • The ACCC has signed a new cooperation agreement with peer competition agencies to coordinate cross-border investigations

Corporate Social Responsibility and Sustainability Navigation Show below Hide below

  • How to put purpose into practice: EPI has released a practical guidance for boards

Financial Services Navigation Show below Hide below

  • Top Story | 32 quick wins? The Senate Committee has released its fintech/regtech interim report
  • Responsible lending: Appearing before the Standing Committee on Economics ANZ and CBA were asked for their views on the operation of existing laws/guidance and the need for further reform
  •  Six month loan assessments commence: Banks embark on the 'largest ever customer contact process in the industry’s history'
  •  COVID-19: So far funds have paid out $32.6bn under the government's early release of superannuation scheme, the data indicates that the number of applications coming through continues to slow
  •  Entirely affordable? ASFA has called on the government to proceed with scheduled increase to the superannuation guarantee
  •  Industry Super Australia calls for the legislated increase in the superannuation guarantee to go ahead
  •  COVID-19: Business interruption test case fast-tracked to the NSW Court of Appeal
  •  ASIC has commenced proceedings in the Federal Court against an AFS licensee for alleged breaches of the best interests obligations under the Corporations Act
  •  FASEA is consulting on proposed changes to recognition of prior learning requirements
  •  In Brief | APRA data shows ADI profits have fallen 23.5% on last year.  APRA comments that 'despite ongoing challenges to profitability, bank financial positions remain sound due to strong capital and liquidity levels, support through various policy measures and signs of reduced risk appetite in residential mortgage lending' 

Risk Management Navigation Show below Hide below

Cybersecurity, Technology and Privacy

  • Cybercrime is 'the most significant threat' facing Australian individuals/businesses according to the ACSC's latest annual cybercrime report
  • Service NSW issues statement confirming 186,000 customers' personal information was exposed in a cyber- attack earlier in the year, customers 'at risk' are now being contacted

Climate Risk

  • In Brief | It's happening now: IAG has released updated modelling showing that climate change is already affecting the frequency and location of extreme weather events in Australia, and that the frequency of such events is set to increase into the future. IAG intends the information to be used to enable businesses, governments and the community to understand and plan for the impact

Other Developments

 New Bill proposes to substantially 'update' AML offences and strengthen penalties

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https://www.minterellison.com/articles/governance-news-9-september-2020

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