ASIC has released its draft regulatory guide for implementing a whistleblower policy and related procedures to meet the strengthened whistleblower protection laws in the Corporations Act, including the requirement to have a whistleblower policy in place by 1 January 2020.
Significant changes to the whistleblower protections contained in Part 9.4AAA of the Corporation Act 2001 (Cth) commenced on 1 July 2019. Public companies and large proprietary companies are required to have in place a whistleblower policy from 1 January 2020.
Following a public consultation process that was held between May and July 2018, the ASX Corporate Governance Council released the fourth edition of the ASX Corporate Governance Principles and Recommendations in February 2019. A national roadshow was conducted in the first half of May 2019 to explain the changes in the fourth edition.
When we provide clients with compliance advice, one of the first questions we ask is “do you have retail or wholesale investors?” The distinction is vital as the AFS Licensee’s legal obligations and compliance requirements are dependent on which investor type they target, and what authorisations they have on their AFSL.