Overview
The financial services industry is critical to and embedded in day to day commerce and business.
Technological innovation in the digital economy is continuing at a rapid pace leading to constant evolution of new financial products and services and the emergence of novel fintech and digital solutions in the investment, banking, funding, payments, insurance and credit sectors. Convergence of Big Tech and traditional financial services is accelerating market change and globalisation of the economy is driving parallel global regulatory convergence.
Regulation of these sectors remains an ongoing challenge in navigating continuing regulatory reform and product and technological change as regulators endeavour to supervise, regulate, investigate and enforce the financial services and prudential regulatory framework in the interests of market integrity and consumer protection.
This challenging environment necessitates navigation of sector specific market and regulatory dynamics and risk encountered by financial services providers, product issuers, market participants and consumers requiring legal support by legal advisors with expertise in regulatory risk and with knowledge of evolving technologies, financial innovation and market trends. Digitisation has elevated risks associated with data protection, privacy and anti-money laundering which require careful management.
Our Expertise
Our experienced financial services team has extensive knowledge of financial markets, financial services and their regulation and we have a dedicated focus on all sectors including banking, credit, insurance, managed investment schemes, investment funds, capital markets and digital economy.
We advise wholesale and retail financial services providers, financial institutions, intermediaries and other financial services sector participants in Australia and around the world.
Our goal is to help our clients navigate and respond to the changing market, legislative reform and to comply with and manage regulatory requirements.
We are experienced with fintech, payments and data and we advise financial institutions including digital banks, payment platforms, disruptors, start-ups and technology businesses on the development, use or outsourcing of technology in the context of financial services digital transformation.
We keep a watching brief on regulatory responses to emerging financial products such as digital assets, cryptocurrency and tokenised funding and advise clients on the implementation of strategies to address legislative reform in their market sectors.
Our financial services team comprises lawyers with expertise in corporate, commercial, prudential governance and regulatory investigations including by regulators such as ASIC, APRA and their respective supervision, surveillance and enforcement of financial services laws.
Our experience includes advising on:
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financial product development, innovation, design and distribution arrangements
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banking, neo banks and digital banks
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anti-money laundering
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contentious revenue
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dealing with regulators – Australian Securities and Investigations Commission (ASIC), Australian Prudential Regulatory Authority (APRA), Australian Financial Complaints Authority (AFCA), Australian Competition & Consumer Commission (ACCC) Australian Stock Exchange (ASX) and the Markets Disciplinary Tribunal
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financial services regulatory and prudential frameworks, governance, compliance, licensing, regulatory relief applications, enforcement action, investigations and disciplinary proceedings
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foreign financial services
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fintech and robo advice
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payment systems and data
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financial markets, capital raising and private equity
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crypto currency and digital platforms
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foreign exchange and derivatives
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insurance (all classes) and risk transfer alternatives
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intermediation and disintermediation
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corporate and commercial - structures, M&A and transactions
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offer documents, such as product disclosure statements, prospectuses and information memoranda
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privacy, general data protection regulation (GDPR) and the Consumer Data Right
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managed investment schemes and investment funds (traditional fund and alternative models) and mutual funds and managed discretionary accounts
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superannuation
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ESG and greenwashing
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financial services risk advisory and prudential compliance and governance
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regulatory impact analysis and policy submissions to regulators and government agencies