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INSURANCE ALTERNATIVES: PART 4: DISCRETIONARY MUTUALS. 19 Nov 2019
In our final post in this series on insurance alternatives, we outline the ultimate peer-to-peer insurance alternative – discretionary mutuals. What is a discretionary mutual? A discretionary mutual is a structure that offers discretionary risk protection to its members. Discretion ..
SO MUCH FOR BUY NOW, REGULATE LATER. 18 Oct 2019
Buy now pay later is regulated in a number of ways even though it isn’t ‘consumer credit’ under the National Credit Code. Some consumer protections apply to buy now pay later The consumer protection provisions in the ASIC Act apply to buy now pay later. This includes prohibitions on:  ..
DON'T BE BLOWN OFF YOUR FEET BY THE NEW WHISTLEBLOWER PROTECTIONS. 06 Sep 2019
New whistleblower protections expand who is protected and what they can disclose. This regime applies to regulated companies and financial service providers including banks, life companies, general insurers and superannuation funds. More people are now protected whistleblowers  ..
DO YOU KNOW HOW YOUR CRYPTO TOKEN IS REGULATED? 30 Aug 2019
The rise of cryptocurrency has created new challenges for everyone from crypto token designers through to brokers and custodial service providers. The biggest issue is how to characterise a token and whether it’s a financial product. While ASIC has issued some helpful guidance (https://asic ..
THE FOLD BOLSTERS ITS TEAM WITH PROMOTIONS & NEW ADDITIONS. 01 Aug 2019
We’re delighted to announce that Simon Carrodus (https://www.thefoldlegal.com.au/people/simon-carrodus), who joined The Fold in early 2018, has been promoted to Solicitor Director. Simon leads our wealth management practice, and whilst many know him for his colourful analogies and straight-talk, ..
5 REASONS ASIC WILL REJECT YOUR LICENCE APPLICATION. 03 Jul 2019
ASIC rejects 30% of AFS licence applications and 24% of credit licence applications. In this article, we explain why it rejects applications and give you tips on how to avoid becoming a statistic. In 2017/2018, ASIC approved just 40% of all Australian financial services licence (AFSL) applic ..
MCIS: A NEW CAPITAL RAISING OPPORTUNITY FOR MUTUALS. 20 Jun 2019
Discretionary mutuals are often driven by the desire to join together for a common purpose, but they can be expensive to establish. A recent legislative change has now created a new opportunity for mutuals to raise start-up capital through Mutual Capital Instruments. What are Mu ..
CAN’T GET MANDATORY PI COVER? HERE’S WHAT TO DO. 27 May 2019
Some financial services and credit licence applications are being delayed because licensees simply cannot buy professional indemnity (PI) insurance. We outline what to do if this is happening to you. The Royal Commission has made it more difficult for licensees to get PI insurance T ..
FOUR EMERGING TRENDS IN INSURTECH. 29 Apr 2019
You might think that Australia is behind the rest of the world when it comes to insurtech - but it’s not. After seeing what’s on offer in both Europe and Australia recently, I identified four key insurtech trends. 1. Data is improving insurance products Many incumbent insurers have lega ..
DO RESPONSIBLE MANAGERS NEED ASIC APPROVAL? 10 Apr 2019
There is no legal requirement for ASIC to “approve” Responsible Managers (RMs), but that’s exactly what’s happening in practice. It’s now creating problems for licensees and RMs. The letter of the law Under the law, an RM is legally appointed from the date the AFS licensee det ..
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