SECURITIES COMMISSIONS – AUSTRALIA

CBA accepts undertaking over BBSW

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Original article by Jonathan Shapiro
The Australian Financial Review – Page: 19 : 12-Jul-18

The Australian Securities & Investment Commission has advised that the Commonwealth Bank of Australia has agreed to an enforceable undertaking with regard to the bank bill swap rate. CBA will pay $25m in fines and costs to settle ASIC’s case over allegations that the bank manipulated the BBSW. National Australia Bank and the ANZ Bank both agreed to pay $50m in total to settle their BBSW cases.

CORPORATES
COMMONWEALTH BANK OF AUSTRALIA – ASX CBA, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, NATIONAL AUSTRALIA BANK LIMITED – ASX NAB, AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED – ASX ANZ, FEDERAL COURT OF AUSTRALIA

AMP warns planners on risky advice

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Original article by Alice Uribe
The Australian Financial Review – Page: 1 & 4 : 10-Jul-18

AMP appears reluctant to retain self-employed financial planners under its operating licence, as it continues to be impacted by the "fee for no service" scandal. AMP is understood to have given some self-employed planners just months to find a new operating licence. Meanwhile, the Australian Securities & Investments Commission has confirmed that plans to continue its investigation of AMP over the fees scandal.

CORPORATES
AMP LIMITED – ASX AMP, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, HILLROSS FINANCIAL SERVICES LIMITED, IPAC FINANCIAL CARE LIMITED, CHARTER FINANCIAL PLANNING LIMITED, AUSTRALIA. DIRECTOR OF PUBLIC PROSECUTIONS, ADVISER SOLUTIONS PTY LTD, CONNECT FINANCIAL SERVICES BROKERS

ASIC calls for crackdown on card sharks

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Original article by Richard Gluyas
The Australian – Page: 19 & 22 : 4-Jul-18

A review of the credit card industry by the Australian Securities & Investment Commission has found that many consumers are finding it hard to repay their debt. ASIC deputy chair Peter Kell says relatively few card issuers actively take action to address such problems. In addition to being in arrears, many consumers have been issued with credit cards that are inappropriate for their needs. ASIC has proposed new rules whereby a consumer’s credit card debt would be restricted to their capacity to repay it within three years.

CORPORATES
AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, RESERVE BANK OF AUSTRALIA, CITIGROUP PTY LTD, LATITUDE GROUP, AMERICAN EXERGEN CORPORATION, MACQUARIE GROUP LIMITED – ASX MQG

DIY super is built on dodgy advice

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Original article by Caitlin Fitzsimmons
The Age – Page: 20 : 29-Jun-18

The Australian Securities & Investments Commission’s deputy chairman Peter Kell says the financial planning industry needs to lift its game when it comes to providing advice to the $A697bn self-managed superannuation fund sector. Kell was commenting on an ASIC report which contends that nine out of every 10 SMSFs are "underpinned" by sub-standard financial advice. The number of SMSFs grew by an average of 5.2 per cent a year between 2010 and 2017, while there were over 590,000 SMSFs at the end of June 2017.

CORPORATES
AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY, AUSTRALIAN TAXATION OFFICE, AUSTRALIA. PRODUCTIVITY COMMISSION

Prospa float postponed by ASIC probe

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Original article by James Eyers
The Australian Financial Review – Page: 13 & 16 : 7-Jun-18

Fintech company Prospa Group was slated to make its sharemarket debut on 6 June, but the listing has been delayed for 48 hours. Prospa has advised that the Australian Securities & Investments Commission has raised concerns about some aspects of its business loans contracts. The average annual interest rate of Prospa’s loans is 41 per cent, which has been criticised by Council of Small Business of Australia CEO Peter Strong. Prospa anticipates a default ratio of about one in every 20 customers.

CORPORATES
PROSPA GROUP LIMITED – ASX PGL, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, COUNCIL OF SMALL BUSINESS ORGANISATIONS OF AUSTRALIA LIMITED, MACQUARIE CAPITAL PTY LTD, UBS HOLDINGS PTY LTD, FIELD RESEARCH PTY LTD, FINTECH AUSTRALIA PTY LTD, AUSTRALIAN FINANCE INDUSTRY ASSOCIATION LIMITED, AUSTRALIA. OFFICE OF THE AUSTRALIAN SMALL BUSINESS AND FAMILY ENTERPRISE OMBUDSMAN, SUNCORP GROUP LIMITED – ASX SUN, AUSTRALIAN BANKERS’ ASSOCIATION

ASIC in sweeping IPO crackdown over favourable treatment

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Original article by Joyce Moullakis
The Australian Financial Review – Page: 25 : 25-May-18

The Australian Securities & Investments Commission has warned stockbrokers that it will clamp down on favourable treatment of certain investors when it comes to allocating shares via IPOs. Cathie Armour of ASIC says it is important that brokers keep the needs of the issuer client in mind when allocating shares. She also says ASIC is concerned about listing standards, particularly with regard to overseas companies that seem to have little business interest in Australia that seek to list on the local bourse.

CORPORATES
AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, STOCKBROKERS AND FINANCIAL ADVISERS ASSOCIATION LIMITED, AUSTRALIA. FINANCIAL ADVISER STANDARDS AND ETHICS STANDARDS AUTHORITY

ASIC chair vows tougher action

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Original article by Andrew White
The Australian – Page: 19 & 30 : 18-May-18

Australian ­Securities & Investments Commission chairman James Shipton has confirmed that he is seeking additional funding from the Federal Government, after it backtracked on a decision to reduce ASIC’s budget. Shipton also says ASIC will fully utilise the new powers that it has been granted by the government, with the financial services sector to be a particular focus. He says the actions of financial services providers have created a "trust deficit", and the sector must work hard to overcome this.

CORPORATES
AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, AUSTRALIA. DEPT OF THE TREASURY, AUSTRALIAN COUNCIL OF SUPERANNUATION INVESTORS INCORPORATED, AMP LIMITED – ASX AMP, COMMONWEALTH BANK OF AUSTRALIA – ASX CBA

Rio faces new ASIC claims over Riversdale

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Original article by Matt Chambers
The Australian – Page: 22 : 2-May-18

A Rio Tinto spokesman says the mining giant will "vigorously" contest the latest allegations regarding a writedown of its coking coal assets in Mozambique. The Australian Securities & Investments Commission has alleged that a delay in writing down the value of the assets constituted misleading and deceptive conduct. Rio Tinto, former CEO Tom Albanese and ex-CFO Guy Elliott were already facing allegations that they had not informed shareholders of a significant downgrade in the resource estimate for the Mozambique assets.

CORPORATES
RIO TINTO LIMITED – ASX RIO, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, RIVERSDALE MINING LIMITED, FEDERAL COURT OF AUSTRALIA, UNITED STATES. SECURITIES AND EXCHANGE COMMISSION, MINERALS COUNCIL OF AUSTRALIA, AUSTRALASIAN CENTRE FOR CORPORATE RESPONSIBILITY, BHP BILLITON LIMITED – ASX BHP, THE AUSTRALIA INSTITUTE LIMITED

ASIC a cash cow gouging millions in excessive fees

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Original article by Anthony Klan
The Australian – Page: 2 : 24-Apr-18

Data shows that the Australian Securities & Investments Commission generated revenue of $A801.7m in fees during 2016-17, while it issued $A118.5m worth of fines. ASIC received a total of $A341.6m in federal government funding for the financial year, down from $A350m in 2012-13. However, the government has since ended taxpayer funding of ASIC in favour of an industry-funded system. The government had previously announced in 2014 that ASIC’s funding would be reduced by $A120m over four years.

CORPORATES
AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, AUSTRALIA. DEPT OF FINANCE, AUSTRALIAN LABOR PARTY

AMP admits dirty deeds and deceptions

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Original article by Ben Butler
The Australian – Page: 1 & 4 : 18-Apr-18

Shares in AMP fell sharply on 17 April after the banking royal commission heard further revelations of misconduct. Jack Regan, AMP’s head of financial advice, told the inquiry of multiple instance in which AMP had misled the Australian Securities & Investments Commission with regard to an investigation into a financial planning scandal. Amongst other things, the inquiry was told that AMP had falsely informed clients that they had been overcharged. Regan also said AMP’s relationship with Clayton Utz raised questions about the impartiality of the law firm’s investigation into the scandal.

CORPORATES
AMP LIMITED – ASX AMP, AUSTRALIA. ROYAL COMMISSION INTO MISCONDUCT IN THE BANKING, SUPERANNUATION AND FINANCIAL SERVICES INDUSTRY, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, CLAYTON UTZ, NATIONAL AUSTRALIA BANK LIMITED – ASX NAB, AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET