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Dentons promotes 13 senior lawyers in Australia
Following the recent appointment of 20 new partners, global law firm Dentons has promoted 13 senior lawyers in Australia.
Embracing the Assisted Living Model in Singapore
The real estate industry is a natural beacon of innovation – where architects, designers, engineers, developers and planners come together to define how we live, work, and connect with each other.
Can cryptographic tokens be used to secure your next loan?
The secured loan market in Singapore was worth roughly US$420 billion in 2017 – with loans primarily backed by traditional assets such as property, inventory, or gold.
How to submit advertising complaints about therapeutic goods
The Therapeutic Goods Administration has replaced the Complaints Resolution Panel as the responsible body for advertising complaints.
New Therapeutic Goods Advertising Code: What you need to know
Companies have been given 6 months to familiarise themselves with the new Therapeutic Goods Advertising Code.
Starting your career as a student at Dentons exposes you to a world of experience and opportunities
With 125+ locations in 50+ countries, Dentons is home to top-tier talent that is found at the intersection of geography, industry knowledge and substantive legal experience. Working with Dentons, you will have the opportunity to learn from the best lawyers in the industry at the largest law firm in the world.
Dentons earns global recognition as a top cross-border restructuring and insolvency firm
Dentons is proud to be named one of the world’s leading law firms for cross-border restructuring and insolvency matters in the 2nd Annual GRR 30 list.
Dentons advises Skanska on the sale of four office buildings in Poland
Dentons has advised Skanska on the sale of four office buildings in three Polish cities to real estate fund manager Niam.
Dentons welcomes Kirsten Thompson as the national lead for the Firm’s new Transformative Technologies and Data Strategy group
Dentons is pleased to announce that Kirsten Thompson has joined the Firm as a partner in our Privacy and Cybersecurity group in Toronto.
ASIC has just given enforceable undertakings (EUs) more bite by increasing ongoing reporting powers and making explicit the criteria around the appointment of independent experts.
Updated Regulatory Guide 100: Enforceable Undertakings (RG 100) contains expanded guidance on:
An EU can be a more commercial option than becoming embroiled in a civil action with the regulator.
Entering into an EU with ASIC allows the entity to get back to ‘business as usual’ and put in place a timetable for making improvements to its compliance processes.
Entities should not, however, think that an EU is a soft option.
ASIC has stated clearly that because of the overriding public interest in keeping the community and consumers informed about ASIC’s enforcements actions, ASIC will continue to make EUs public and will increase the time that they will be reportable. ASIC will not accept any EU in confidence, subject to a few narrow exceptions for issues which are commercially sensitive.
All entities regulated by ASIC should take note that from 9 March 2015, ASIC commenced reporting publicly on whether EUs have been complied with. ASIC maintains that this greater transparency and its ongoing reporting of compliance with EUs will assist to maintain market integrity, enhance consumer confidence and deter poor behaviour and non-compliance with financial services laws.
ASIC also considers a number of factors when assessing the appointment of an independent expert. In particular, ASIC will examine whether:
ASIC will not ‘rubber-stamp’ the appointment of an expert but will scrutinise any appointment carefully, having regard to the nature of the engagement, the fees and remuneration generated by the appointment, the risk of self-review and public perception created by any such appointment.
Where an EU requires the preparation of an independent expert’s report, ASIC will publish a summary of the expert’s report. ASIC will not accept any limitations on its rights to publish and make reference to a report.
Whilst EUs remain an attractive option, entering into an EU with ASIC will now be a more rigorous, lengthy and public exercise.
Entities that are regulated by ASIC would do well to review their AFSL and Australian Credit Licence conditions, compliance and risk processes, board, audit committee and other relevant processes and policies to avoid the likelihood of committing a material or systemic breach and attracting ASIC’s attention in the first place.
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