The item you have requested is not currently available in English and you have been redirected to the next available page. You may use your browser's back button to return to the item you were viewing.
Country desks feature Dentons lawyers in one jurisdiction with a particular focus or experience in another jurisdiction.
Learn more about our Canada capabilities
Learn more about our United States capabilities
Learn more about our Latin America and the Caribbean capabilities
Learn more about our Europe capabilities
Learn more about our United Kingdom capabilities
Learn more about our Central and Eastern Europe capabilities
Learn more about our Russia, CIS and the Caucasus capabilities
Learn more about our Africa capabilities
Learn more about our Middle East capabilities
Learn more about our Central Asia capabilities
Learn more about our China capabilities
Learn more about our Asia Pacific capabilities
Learn more about our Australia capabilities
At Dentons, we bring together top tier talent found at the intersection of geography, industry knowledge and substantive legal expertise. Start by clicking here
Lexpert recognizes 27 Dentons lawyers as "Canada’s Leading Energy Lawyers”
Dentons is proud to congratulate an outstanding 27 lawyers who are listed as “Canada’s Leading Energy Lawyers” by Lexpert, in its recent special edition on Energy.
Venture Capital fund managers may begin operations in record time in Singapore
Although a venture capital fund may be prepared to invest in a new country, lengthy requirements to set up operations may risk the loss of valuable business opportunities.
IRS issues cost of living adjustments to retirement plan limits
The IRS has just issued the cost of living adjustments for various retirement plan limitations that will take effect either on January 1, 2018, or for the 2018 plan year.
Parallel debt structures in South Africa
Bridging the gap between English law, international market practice and South African law.
Three Key Things to Consider on Motions to Disqualify
Motions to disqualify can have the effect of distracting attorneys from their full devotion to their client’s claims or defenses.
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 wins EuropaProperty’s CEE Investment & Green Building "Law Firm of the Year" Award for the seventh time in a row
Dentons won the "Law Firm of the Year" award at the 7th annual CEE Investment & Green Building Awards ceremony organized by EuropaProperty.
Dentons is recognized as a leading financial law firm in this year’s IFLR1000 guide
Dentons is pleased to announce that 11 of our lawyers have been ranked in this year’s IFLR1000, the guide to the world's leading financial and corporate law firms and lawyers, two of whom are receiving this honour for the first time..
Dentons wins Diversity Law Firm of the Year in Australia
Dentons’ diversity achievements have again been recognised with the Firm awarded Diversity Law Firm of the Year at the Lawyers Weekly Women in Law Awards 2017.
Until now, the Corporations Act (the Act) has required financial services providers to send disclosure documents (such as financial services guides (FSGs) or product disclosure statements (PDSs) in paper form unless they held express consent from the consumer for digital communications.
ASIC has recognised the need to remove regulatory barriers to providing financial services disclosures electronically. Updated Regulatory Guide 221 Facilitating digital financial services disclosures acknowledges that this will be more convenient for consumers and is expected to result in significant cost savings for industry.
Where a consumer has provided their email and postal address as part of their application, providers can deliver disclosures for that product to either address, even where the consumer has not provided express consent to receive electronic disclosures.
This method comprises sending consumers a notification that disclosures are, or will be, available digitally. The notification can be sent by any number of methods, including email, SMS, mobile app notification or social media notification. The notification should advise the form of the disclosure, for example via an app.
Consumers have seven days from the date electronic communication is first used to opt out and require paper disclosure. If they do not opt out within the first seven days, all future disclosures can be delivered using the same method, provided that the notifications can be retrieved or stored.
Any disclosures containing personal financial information should be adequately secured, for example by password protection.
Businesses which use a particular form of digital disclosure can still use any other methods permitted by the Act to deliver disclosures, for example by emailing the complete document.
The new rules apply to:FSGs;
Until now, providers had to be reasonably satisfied that the consumer or their agent received the disclosures – and this was seen as an additional barrier to digital disclosures. The relief provided in ASIC Corporations (Facilitating Electronic Delivery of Financial Services Disclosure) Instrument 2015/647 means that industry is not required to track whether the disclosures have been accessed by affected consumers.
However, if you become aware that a consumer has not received the disclosure (eg you receive an email bounce back), you need to make reasonable attempts to contact the consumer by other means to give them the disclosure.
If you want to change your method of providing disclosures, eg from paper to email, you will need to notify consumers using your existing method of communication before making this change. As always, you should provide an opportunity to opt-out.
New products can be offered on the basis that disclosure documents will not be made available in a printed form, as long as consumers are made aware that they will receive communications digitally only.
If you seek to shift a currently paper based product or service to being fully digital, you must first obtain the consent of all consumers holding that product or service.
You should ensure that the delivery method does not unreasonably expose the consumer to security risks by adequately protecting any personal financial information.
The consumer should be easily able to identify what information is part of the disclosure and what is outside the scope of the disclosure.
The disclosure should be readily navigable; in other words, the consumer should be able to easily access those parts of the disclosure which are most important to them.
You need to ensure that appropriate prominence is given to each aspect of the product that the consumer needs to understand before purchasing.
Consumers should be able to keep a copy of the disclosure for future access – for example, by saving a digital copy.
You must maintain copies of all versions of disclosure documents and maintain records regarding when each version was available.
You need to comply with other relevant legislation, such as the Spam Act and the Privacy Act.
You can now have more than one version of a disclosure document for a financial product; for example, a printed PDS and a digital version.
ASIC is open to granting individual relief to facilitate methods of disclosure not covered above (where those methods are consistent with ASIC’s Good Disclosure Principles). Applications for individual relief can also be made in relation to innovative forms of PDSs, SOAs and FSGs.
The URL of this tweet is below. Copy it to easily share with friends.
Add this Tweet to your website by copying the code below. Learn more