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December 28, 2008

Outsourcing: third party relationships

Credit unions and mutuals are increasingly outsourcing non-core specialist functions. APRA recognises the risks associated with outsourcing material activities and gave guidance to ADI's in APS 231 in respect of the outsourcing agreement itself.

Risks
Outsourcing, or the contracting out of a business activity, does not transfer all of the risks associated with that activity to the service provider. The services remain the responsibility of the organisation, which must ensure that all risks associated with the business activity are addressed in the same way as if the activity was performed by the organisation.

The organisation must agree with the service provider on the processes that will be in place for the monitoring, reporting and reviewing of services provided to the organisation.

The organisation must ensure that the service provider adheres to the organisation’s relevant policies and procedures. The organisation must also ensure that the service provider has staff who are sufficiently trained and competent to provide the services.

(more…)

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Posted 28th December 2008 by David Jacobson in Legal

Community Development Finance in Australia

Financial Inclusion, market failures and new markets: Possibilities for Community Development Finance Institutions in Australia (pdf) written by Dr Ingrid Burkett and Belinda Drew discusses Community Development Finance Institutions which are independent organisations focussed on the use of financial mechanisms to develop and service people, organisations and communities who have been excluded from or underserved by mainstream financial institutions.


The review compares the underdeveloped sector in Australia with the UK and USA and opportunities for growth. It includes discussion on the role of credit unions.

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Posted 28th December 2008 by David Jacobson in Mutuals

December 23, 2008

Credit unions: year in review and tips for the future

Who’d have thought that we’d end the year with a government guarantee for credit union and building society deposits, falling interest rates, increasing regulation (less of a surprise) and a decimated securitisation sector?


Who’d have thought we’d hear directors of a major listed company (James Hardie) deny the accuracy of board minutes and admit that they didn’t read all their board papers?


That St George Bank and Bank West would be no more than brand names?


That the stock market and superannuation funds had lost billions of dollars?


And that despite increasing supervision, huge frauds were still being perpetrated?


When we started the year, we had a new Federal Labor Government, interest rates were rising, the sub-prime crisis had just started, liquidity was a looming issue and de-regulation was the catchcry. Margin lending and short selling were commonplace.


By mid-year, the prudent managers had gone “back to basics”.


What’s in store for 2009?


My tips: continuing emphasis by regulators on systems and controls, compliance, governance, liquidity, capital and disclosure.


The Mutual Banking Code of Practice, the EFT Code changes, new personal property securities law and the transfer of consumer credit regulation to the Commonwealth will have an impact on procedures and operating costs during the year .


Privacy and data breaches will be an increasing risk as credit unions rely more and more on technology.


Competition from the big banks will increase. But corporate ethics and mutuality will become more important.


Mergers will continue as increasing pressure is placed on boards and management.


And there’ll be quite a few things that I didn’t see coming!


Here’s to a successful 2009!

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Posted 23rd December 2008 by David Jacobson in Mutuals

December 22, 2008

Langes Adelaide Office moves

As from 22 December 2008, Langes+ Adelaide will be located at:

level 4, 117 King William Street, Adelaide

The phone number will be 08 8168 9600 

The fax number will be 08 8168 9666 08 8168 9666 .

The PO Box and email addresses will not change.

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Posted 22nd December 2008 by David Jacobson in Legal

PHIAC restructure: health fund mergers, capital and governance standards

The Private Health Insurance Administration Council (PHIAC) is an independent Statutory Authority that regulates the private health insurance industry. PHIAC has had a busy year.


In 2007 PHIAC supervised the demutualisation and ASX Listing of NIB (here).


Although the new government decided not to privatise Medibank Private, this year MBF also demutualised.


Subsequently the following mergers have occurred:

  • MBF’s acquisition by BUPA Australia;
  • Australian Health Management acquisition by Medibank Private;
  • Manchester Unity acquisition by HCF.

PHIAC has announced that it will restructure to bring a stronger focus to its statutory role of protecting the interests of consumers of private health insurance, including to make sure it can deal quickly and effectively in the (unlikely) event that there is a major prudential crisis within the PHI industry.


PHIAC will be rolling out a suite of prudential standards.


Capital standards have already been reviewed.


A draft standard on Corporate Governance is currently circulating within the industry for comment by 6 March 2009.


The draft standard includes rules on:

  • board composition;
  • independence of directors;
  • chairperson;
  • residency of directors;
  • director associates of shareholders;
  • board charter;
  • delegation;
  • board policies;
  • board performance;
  • board renewal;
  • board audit committee;
  • conflicts of interest;
  • internal audit.

It is clear that health funds will be coming under greater regulation and that PHIAC expects boards to be fully involved and responsible for their organisations.


Langes have had experience with these types of standards for listed companies (ASX) and financial institutions and insurers (APRA). Call us if you’d like to discuss key issues.

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Posted 22nd December 2008 by David Jacobson in Mutuals

December 17, 2008

Consumer credit hardship threshold change

The hardship threshold has increased to $330,440. The next change will be on 13 January 2009.

How the threshold works.

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Posted 17th December 2008 by David Jacobson in Legal

December 16, 2008

Choice reviews First Home Saver accounts

Choice has reviewed the First Home Saver accounts on offer so far (here).

Out of 6 accounts that met its benchmark test, 4 were from credit unions.

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Posted 16th December 2008 by David Jacobson in Credit unions

December 15, 2008

Increase in financial services disputes

The deteriorating economic circumstances have resulted in an increase in financial services disputes.

According to the Financial Ombudsman Service in the year to 30 June 2008 there was a 152% increase in disputes about managed investments and a 55% rise in financial planning disputes. There was also 62.7% rise in cases relating to fixed rate loans.

It is an appropriate time to review your dispute resolution procedures and your advice systems and standards.

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Posted 15th December 2008 by David Jacobson in Legal

December 14, 2008

Transaction fee disclosure on statements for deposit products

The issue of disclosure of transaction fees on statements for deposit accounts is not dealt with in the current Credit Union Code of Practice.

But clause 16.3 of the draft Mutual Banking Code of Practice states:

Account statements will include clear information about our fees and charges incurred on your account during the statement period. Fee amounts will not be bundled, but will be broken down by transaction type and channel. The impact of any applicable fee-free limit or rebate scheme will also be indicated.

This will bring disclosure of transaction fees into line with ASIC Regulatory Guide 40 (good transaction fee disclosure for bank, credit union and building society deposit and payment products).

The Guide has sample transaction fee table disclosure: the objective is to clearly show the cost of each transaction per different delivery channel and the number of such transactions undertaken. The impact of any free transaction limit, rebate scheme or other relationship variable should also be reflected in the summary.

The requirement will not apply to passbook accounts and dormant accounts.

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Posted 14th December 2008 by David Jacobson in Legal

December 12, 2008

The importance of corporate memory

Today I attended the funeral of credit union advocate Philip Elliott. Over a period of more than 30 years Philip promoted credit union ideals through trade associations and government lobbying for policy and legislative changes. Philip's passing at 62 was a shock to all.

A colleague commented to me that Philip was the person you went to when you wanted to know "why" a certain thing was done a particular way or how things in the organisation had occurred in the past.

Whilst it is always important to innovate, it is equally important to understand why existing systems were set up and to understand the historical context of an organisation. "Grey hairs" can be useful at times!

If you have a "go to" person in your organisation, try to retain some of his or her knowledge in a wiki, blog or other record to make sure your corporate memory is not lost if they leave suddenly.

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Posted 12th December 2008 by David Jacobson in Mutuals