Banks face more Hayne pain: ASIC

Original article by James Frost
The Australian Financial Review – Page: 1 & 17 : 29-Jul-19

The Australian Securities & Investments Commission has launched about 25 cases against banks in the wake of the financial services royal commission. ASIC commissioner Sean Hughes says further legal action is pending, and he says it is possible that further misconduct and wrongdoings in the financial sector will emerge. Hughes adds that banks are starting to take their obligation to submit breach reports in a timely manner a lot more seriously following the royal commission.

CORPORATES
AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, AUSTRALIA. ROYAL COMMISSION INTO MISCONDUCT IN THE BANKING, SUPERANNUATION AND FINANCIAL SERVICES INDUSTRY, AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED – ASX ANZ, NATIONAL AUSTRALIA BANK LIMITED – ASX NAB

ASIC sues ANZ over $50m unlawful customer fees

Original article by Samantha Bailey
The Australian – Page: 24 : 26-Jul-19

The Australian Securities & Investments Commission has filed Federal Court action against the ANZ Bank, alleging that periodic payment fees that some 460,000 customers paid between August 2003 and February 2016 were unlawful. ASIC will contend that the bank failed to disclose the fact that the fees may have been illegal until January 2014, despite being made aware of the issue in mid-2011. Affected customers were not informed until September 2015, and ANZ did not begin compensating them until August 2016. ANZ has indicated that it will "vigorously defend" the civil lawsuit.

CORPORATES
AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED – ASX ANZ, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, FEDERAL COURT OF AUSTRALIA

Dragging the chain on Hayne

Original article by Phillip Coorey
The Australian Financial Review – Page: 1 & 6 : 18-Jul-19

The Coalition began implementing some of the Hayne royal commission’s recommendations prior to the federal election. However, the government has warned that the bulk of the recommendations are unlikely to be implemented before the end of 2019, although Treasury has begun the consultation process and is drafting legislative reforms. Shadow treasurer Jim Chalmers says the government’s lack of action on Kenneth Hayne’s recommendations will reinforce the view that the Coalition tends to "go soft" on misconduct in the banking sector.

CORPORATES
AUSTRALIA. ROYAL COMMISSION INTO MISCONDUCT IN THE BANKING, SUPERANNUATION AND FINANCIAL SERVICES INDUSTRY, AUSTRALIAN LABOR PARTY, AUSTRALIA. DEPT OF THE TREASURY, AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, AUSTRALIAN FINANCIAL COMPLAINTS AUTHORITY, AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET

Culture to cost big three banks $500m

Original article by James Fernyhough, James Thomson
The Australian Financial Review – Page: 1 & 21 : 12-Jul-19

The Australian Prudential Regulation Authority has imposed additional capital requirements on Westpac, the ANZ Bank and National Australia Bank following its review of their culture, governance and accountability self-assessments. They will have to set aside an extra $500m of capital until their customer remediation programs are completed and they have addressed all of the issues that emerged in their self-assessments. The increased capital requirements will have a slight impact on the three banks’ common equity tier 1 capital ratios.

CORPORATES
WESTPAC BANKING CORPORATION – ASX WBC, AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED – ASX ANZ, NATIONAL AUSTRALIA BANK LIMITED – ASX NAB, AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY

APRA lowers capital targets for banks

Original article by Jonathan Shapiro, James Fernyhough
The Australian Financial Review – Page: 19 : 10-Jul-19

The Australian Prudential Regulation Authority has scaled its near-term target for the amount of capital the nation’s banks will be required to hold. APRA had initially proposed that banks would have to increase their total capital by 4-5 percentage points by January 2024, but it has reduced this to three percentage points in response to industry feedback. However, it will require banks to meet the higher target in the longer-term.

CORPORATES
AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY, COMMONWEALTH BANK OF AUSTRALIA – ASX CBA, WESTPAC BANKING CORPORATION – ASX WBC, MOODY’S INVESTORS SERVICE INCORPORATED

Lending laws no problem, ASIC insists

Original article by Michael Roddan
The Australian – Page: 17 & 18 : 8-Jul-19

The Australian Securities & Investments Commission has been blamed in some areas for falling house prices and a decline in credit growth, due to a perception that it is taking a tougher approach to responsible lending. However, ASIC commissioner Sean Hughes notes that responsible lending laws have not changed since 2010, nor has its guidance in this area. ASIC advised in February that it will release an updated guidance note on responsible lending by September.

CORPORATES
AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY, AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED – ASX ANZ, NATIONAL AUSTRALIA BANK LIMITED – ASX NAB, COMMONWEALTH BANK OF AUSTRALIA – ASX CBA, WESTPAC BANKING CORPORATION – ASX WBC

Open banking delayed due to data concerns

Original article by Phillip Coorey
The Australian Financial Review – Page: 7 : 4-Jul-19

The federal government’s open banking regime is slated to begin on 1 February 2020, although this will require the Consumer Data Right bill to be passed by the end of July. Shadow financial services minister Stephen Jones says Labor has some concerns about how customers’ data is used and retained under the new regime, which will need to be addressed if Labor is to support the legislation. Jones has questioned whether there will be sufficient time to pass the bill before parliament rises for the winter break.

CORPORATES
AUSTRALIAN LABOR PARTY, AUSTRALIA. DEPT OF FINANCE, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, MACQUARIE GROUP LIMITED – ASX MQG

Banks to lift their game with new code

Original article by David Rogers
The Australian – Page: 17 & 20 : 1-Jul-19

The Australian Banking Association’s updated Banking Code of Practice comes into effect on 1 July, and CEO Anna Bligh says it is an "important step" in restoring consumers’ trust in banks following the Hayne royal commission. The revised code will provide increased protection for consumers, and require banks to treat them fairly. The first phase of the open banking regime also commences on 1 July.

CORPORATES
AUSTRALIAN BANKING ASSOCIATION, AUSTRALIA. ROYAL COMMISSION INTO MISCONDUCT IN THE BANKING, SUPERANNUATION AND FINANCIAL SERVICES INDUSTRY, AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED – ASX ANZ, WESTPAC BANKING CORPORATION – ASX WBC, VOLT BANK LIMITED, FINANCIAL COUNSELLING AUSTRALIA LIMITED, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, AUSTRALIAN FINANCIAL COMPLAINTS AUTHORITY, AUSTRALIAN FINANCIAL COMPLAINTS AUTHORITY

New squeeze on big banks

Original article by James Frost
The Australian Financial Review – Page: 1 & 20 : 31-May-19

The Australian Prudential Regulation Authority is expected to soon announce that smaller banks will have to hold less capital in terms of supporting their mortgage lending. This will enable them to offer cheaper home loans and higher deposit rates, making them more competitive with the larger banks. APRA’s announcement will follow shortly after the Reserve Bank’s June meeting, when it is widely expected to reduce official interest rates to 1.25 per cent.

CORPORATES
AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY, RESERVE BANK OF AUSTRALIA, BENDIGO AND ADELAIDE BANK LIMITED – ASX BEN, BANK OF QUEENSLAND LIMITED – ASX BOQ, SUNCORP GROUP LIMITED – ASX SUN, CITIGROUP PTY LTD, COMMONWEALTH BANK OF AUSTRALIA – ASX CBA, WESTPAC BANKING CORPORATION – ASX WBC, AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED – ASX ANZ, NATIONAL AUSTRALIA BANK LIMITED – ASX NAB, AUSTRALIA. ATTORNEY-GENERAL’S DEPT. AUSTRALIAN TRANSACTION REPORTS AND ANALYSIS CENTRE

‘Obey the law’: banks rebuked

Original article by James Frost, John Kehoe, Vesna Poljak
The Australian Financial Review – Page: 1 & 2 : 28-Mar-19

ANZ Bank CEO Shayne Elliott and National Australia Bank chairman Phil Chronican fronted the House of Representative economics committee on 27 March. They argued that greater enforcement of responsible lending laws has contributed to a credit squeeze for home buyers and small businesses. However, Australian Securities & Investments Commission chairman James Shipton rejects such claims, noting that banks have been subject to the responsible lending laws since 2009. ASIC’s deputy chairman Daniel Crennan in turn says banks face an increase in civil and criminal breaches of the law, and he has urged them to co-operate with the corporate regulator.

CORPORATES
AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED – ASX ANZ, NATIONAL AUSTRALIA BANK LIMITED – ASX NAB, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, AUSTRALIA. HOUSE OF REPRESENTATIVES STANDING COMMITTEE ON ECONOMICS, AUSTRALIA. ROYAL COMMISSION INTO MISCONDUCT IN THE BANKING, SUPERANNUATION AND FINANCIAL SERVICES INDUSTRY, AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY, JUDO CAPITAL PTY LTD, WESTPAC BANKING CORPORATION – ASX WBC, MLC LIMITED, NULIS NOMINEES (AUSTRALIA) LIMITED, RESERVE BANK OF AUSTRALIA