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April 5, 2009

Managing conflicts in super fund trustees

The Australian
Prudential Regulation Authority (APRA) has released for public
consultation draft guidance on managing conflicts of interest for
APRA-supervised superannuation trustees (known as Registrable
Superannuation Entity (RSE licensees).Download discussion paper and draft Prudential Practice Guide 521 Conflicts of interest (SPG 521) here.

The draft SPG 521
complements guidance provided by the Australian Securities and
Investment Commission to Australian Financial Services Licence (AFSL)
holders by focussing on the governance of the RSE licensee, including those that do not hold an AFSL.

APRA invites interested parties to comment on the draft guide by 30 April 2009.

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Posted 5th April 2009 by David Jacobson in Financial Services

April 2, 2009

Superannuation fund performance disclosure

The Corporations Regulations 2001 have been amended by the Corporations Amendment Regulations 2009 (No. 3) to require superannuation funds (other than self managed superannuation funds) to disclose five and ten year average returns in periodic member statements.

The measure will also:

  • require returns to be disclosed at the investment option or sub-plan level in which the member is invested; and
  • require the long-term returns to be highlighted, positioned and presented in a manner that will attract the member's attention.

For 2008/09, only the five-year return would be required to be disclosed, and disclosure could be made either on the periodic statement or in a separate insert which would be sent to members together with the periodic statement.

Super funds will also be able to use a website as the default method of delivering their annual report.

In addition, where a member has electronic access to personal fund information and has given permission, the fund will no longer be required to provide a written or an electronic member statement.

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Posted 2nd April 2009 by David Jacobson in Financial Services

April 1, 2009

Attorney-General’s update on AML/CTF

In his speech on 1 April, the Attorney-General indicated the Goverrnment is balancing the need for the second tranche of reforms (to extend the existing AML/CTF Act to services provided by a range of businesses and professions, including accountants, lawyers, real estate agents and jewellers) against the very immediate needs of business in the current financial climate.


He said”the global financial crisis increases the risk of this type of activity but it has to be balanced against concerns industry may have regarding compliance.”


It will be interesting to see whether the second tranche is postponed.

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Posted 1st April 2009 by David Jacobson in Anti-money laundering

When is a disclosure document required for fundraising?

Australian Securities and Investments Commission v Cycclone Magnetic Engines Inc & Ors [2009] QSC 58 demonstrates the complexity in regulating fundraising by "fringe" operators.

ASIC successfully obtained an injunction against misleading conduct by a company raising funds for its magnetic engine project without a prospectus, but not without difficulty.

Apart from an interesting history of the search for perpetual motion the 83 page judgment is a useful restatement of the fundraising regulation provisions in the Corporations Act and ASIC Act.

It also acknowledges the willingness of investors to "take a gamble" notwithstanding the risks.

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Posted 1st April 2009 by David Jacobson in Corporations Act
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