The Interim Report of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (Royal Commission) has brought both condemnation of, and drawn public attention to, the conduct displayed by financial entities. The reason for this conduct seems to be the pursuit of short-term profit at the expense of basic standards of honesty. But, as we discuss below, conflicted remuneration is not a simple matter of greed. From the executive suite to the front line, staff were measured and rewarded by reference to profit and sales rather than the best interests of their clients.
The Interim Report of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (Interim Report) has provided a damning assessment of the financial services industry. Commissioner Hayne summed it up with the following comment: “Too often, entities have been treated in ways that would allow them to think that they, not ASIC, not the Parliament, not the courts, will decide when and how the law will be obeyed or the consequences of breach remedied.” The Royal Commission has made it clear that this is untenable and will need to change. But how far, when and what the consequences of the questions posed in the Interim Report will be is what is now uncertain.
Almost a year after the Corporations Amendment (Crowd-sourced Funding) Act 2017 (Cth) came into force, public unlisted companies are taking advantage of the reduced regulatory requirements applied to crowd-sourced funding. We take a look at how companies become eligible to use the new regime.
Foreign Bribery…can impede economic development by skewing competition…[it] corrodes good governance and undermines the rule of law” (the Senate). In part three, we discuss why the Crimes Legislation Amendment (Combatting Corporate Crime) Bill 2017 (Cth) ( Bill) came into effect, whether the Bill puts Australia on an equal footing to combat foreign bribery in the international arena, and whether there is room for improvement or amendment.