SECURITIES COMMISSIONS – AUSTRALIA

Banks get a damning ASIC report card

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Original article by Misa Han
The Australian Financial Review – Page: 15 & 18 : 12-Mar-19

Australia’s four major banks and AMP have set aside over $1 billion to compensate customers who were impacted by the fee-for-no-service scandal. However, along with Macquarie, they have been attacked by the Australian Securities & Investments Commission for the time it is taking them to identify and compensate customers who were affected by the scandal. ASIC has also criticised the big four banks, AMP and Macquarie for not conducting further reviews of the systemic failures that led to the scandal in the first place.

CORPORATES
COMMONWEALTH BANK OF AUSTRALIA – ASX CBA, NATIONAL AUSTRALIA BANK LIMITED – ASX NAB, WESTPAC BANKING CORPORATION – ASX WBC, AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED – ASX ANZ, AMP LIMITED – ASX AMP, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, MACQUARIE GROUP LIMITED – ASX MQG, RESERVE BANK OF AUSTRALIA, CLSA AUSTRALIA PTY LTD

AMP and Clayton Utz roll over for ASIC

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Original article by James Frost
The Australian Financial Review – Page: 19 : 12-Mar-19

An AMP spokesperson has confirmed that it has withdrawn its claim of legal and professional privilege over documents sought by the Australian Securities & Investments Commission regarding the fee-for-no-service scandal. Clayton Utz had been involved in the claim; the documents in question included notes taken by Clayton Utz in interviews with AMP employees over the scandal. ASIC deputy commissioner Daniel Crennan attacked AMP for trying to delay its investigation, although he said it was pleased that the sought documents had now been released.

CORPORATES
AMP LIMITED – ASX AMP, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, CLAYTON UTZ

‘Flawed but not illegal’: NAB digs in over fees for no service

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Original article by James Frost
The Australian Financial Review – Page: 15 & 20 : 26-Feb-19

The Australian Securities & Investments Commission’s case against National Australia Bank over claims that it charged customers for services that were not provided is due to go to court in May. NAB has conceded that it did the wrong thing in regard to customers who were not linked to a financial adviser, but the bank has rejected claims that it was in the wrong in instances where the customer was linked to a financial planner. It appears to be arguing that making advice available to this second group of customers justified the charging of a fee.

CORPORATES
NATIONAL AUSTRALIA BANK LIMITED – ASX NAB, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, MLC LIMITED

Criminal charges await bankers

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Original article by Michael Roddan
The Australian – Page: 3 : 20-Feb-19

The Australian Securities & Investments Commission released its response to the final report of the Hayne royal commission on 19 February. ASIC has disclosed that it is prioritising 11 instances of misconduct by eight companies or individuals in the banking sector that were referred to it by the inquiry, with a view to recommending criminal charges. ASIC is assessing an additional 16 cases to determine if there are grounds for prosecution, while it is also investigating 12 case studies that were presented to the royal commission but were not specifically referred to the corporate watchdog.

CORPORATES
AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, AUSTRALIA. ROYAL COMMISSION INTO MISCONDUCT IN THE BANKING, SUPERANNUATION AND FINANCIAL SERVICES INDUSTRY, AUSTRALIAN FINANCIAL COMPLAINTS AUTHORITY, AUSTRALIA. DEPT OF THE TREASURY, AUSTRALIAN LABOR PARTY, AUSTRALIA. DIRECTOR OF PUBLIC PROSECUTIONS, FEDERAL COURT OF AUSTRALIA, NATIONAL AUSTRALIA BANK ASIA, DOVER FINANCIAL ADVISERS PTY LTD, CLEARVIEW WEALTH LIMITED – ASX CVW

ASIC to clarify lending rules post Hayne

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Original article by James Eyers
The Australian Financial Review – Page: 17 : 1-Feb-19

The Australian Securities & Investments Commission is expected to issue revised guidelines covering banks and their responsible lending obligations in coming weeks. The new guidelines are expected to be one of the first regulatory responses to the banking royal commission’s final report, which is due to be released on 4 February. The guidelines are likely to state that it is permissible for banks to use technology to help them to make more speedy decisions on loan applications.

CORPORATES
AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, AUSTRALIA. ROYAL COMMISSION INTO MISCONDUCT IN THE BANKING, SUPERANNUATION AND FINANCIAL SERVICES INDUSTRY, AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY, WESTPAC BANKING CORPORATION – ASX WBC, FEDERAL COURT OF AUSTRALIA, JP MORGAN AUSTRALIA LIMITED

Banks under fire: investigations laid bare by regulator

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Original article by Ben Butler
The Australian – Page: 17 & 21 : 30-Jan-19

Documents released by the financial services royal commission show that the Australian Securities & Investments Commission’s enforcement committee approved the prosecution of National Australia Bank for breaching its financial services licence in June 2018. The committee found that NAB had repeatedly failed to comply with laws requiring it to report serious breaches of its licence within 10 days. NAB’s compliance record also came under scrutiny by the royal commission in August.

CORPORATES
NATIONAL AUSTRALIA BANK LIMITED – ASX NAB, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, AUSTRALIA. ROYAL COMMISSION INTO MISCONDUCT IN THE BANKING, SUPERANNUATION AND FINANCIAL SERVICES INDUSTRY, RIO TINTO LIMITED – ASX RIO, TENNIS AUSTRALIA, FEDERAL COURT OF AUSTRALIA, TRIO CAPITAL LIMITED, MACQUARIE GROUP LIMITED – ASX MQG, VAN EYK CAPITAL PTY LTD, AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED – ASX ANZ, COMMONWEALTH BANK OF AUSTRALIA – ASX CBA

ASIC goes to court in AMP document hunt

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Original article by Ben Butler, Joyce Moullakis
The Australian – Page: 15 & 19 : 18-Dec-18

The Australian Securities & Investments Commission is seeking a court order to compel AMP to provide access to documents relating to the fees-for-no-service scandal. AMP contends that the transcripts of Clayton Utz’s interviews with AMP employees regarding the scandal are subject to legal professional privilege, which ASIC disputes. The financial services royal commission had been told that Clayton Utz’s report on the scandal had been altered following discussions with key AMP executives.

CORPORATES
AMP LIMITED – ASX AMP, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, CLAYTON UTZ, AUSTRALIA. ROYAL COMMISSION INTO MISCONDUCT IN THE BANKING, SUPERANNUATION AND FINANCIAL SERVICES INDUSTRY, FEDERAL COURT OF AUSTRALIA

Henry: NAB board was too soft

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Original article by James Frost, James Eyers
The Australian Financial Review – Page: 9 : 28-Nov-18

National Australia Bank’s chairman Ken Henry appeared before the financial services royal commission again on 27 November. He told the inquiry that NAB’s "toxic" relationship with the Australian Securities & Investments Commission had affected the bank’s ability to compensate customers in a timely manner for losses incurred as a result of misconduct. He also conceded that NAB’s board could have done more to compel the bank’s executives to seek improved relations with ASIC.

CORPORATES
NATIONAL AUSTRALIA BANK LIMITED – ASX NAB, AUSTRALIA. ROYAL COMMISSION INTO MISCONDUCT IN THE BANKING, SUPERANNUATION AND FINANCIAL SERVICES INDUSTRY, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY

ASIC antithesis of tough attitude

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Original article by James Eyers, James Frost
The Australian Financial Review – Page: 14 : 23-Nov-18

Australian Securities & Investments Commission chairman James Shipton appeared before the royal commission on 22 November. He conceded that ASIC should have taken steps against National Australia Bank’s home loan "introducer" program some years ago. He was also queried about a July email in which it was suggested that NAB should only be required to make a "community benefit payment" as penalty for the program; Shipton stated that the views expressed in the email were not his.

CORPORATES
AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, NATIONAL AUSTRALIA BANK LIMITED – ASX NAB, COMMONWEALTH BANK OF AUSTRALIA – ASX CBA, BT FINANCIAL GROUP PTY LTD, AUSTRALIA. ROYAL COMMISSION INTO MISCONDUCT IN THE BANKING, SUPERANNUATION AND FINANCIAL SERVICES INDUSTRY

Rio execs say good faith in assets call

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Original article by Ben Butler
The Australian – Page: 22 : 14-Nov-18

Rio Tinto and former executives Tom Albanese and Guy Elliott have denied any wrongdoing over the 2013 write-down of its coking coal assets in Mozambique. Albanese and Elliott have argued that they had acted in good faith and therefore should be excused from any liability. Both the Australian Securities & Investments Commission and the US Securities & Exchange Commission have launched legal action over the write-down.

CORPORATES
RIO TINTO LIMITED – ASX RIO, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, RIVERSDALE MINING LIMITED, FEDERAL COURT OF AUSTRALIA, UNITED STATES. SECURITIES AND EXCHANGE COMMISSION