Posts tagged apra
A Point Meant To Keep Successor Fund Transfers Out Of Court

Superannuation fund trustees involved in merger or successor fund transfer (SFT) discussions can breathe a little easier after a recent decision poured cool water on concerns that certain merger related dealings may have exposed parties to the risk of criminal prosecution.

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QMV Legal Monthly Regulatory Update - September 2022

It was a busy month with the re-introduction of FAR and Compensation Scheme of Last Resort legislation to Parliament after lapsing with the calling of the election earlier this year. New measures relating to downsizer contributions were also introduced, along with the faith-based performance test.

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QMV Legal Monthly Regulatory Update - August 2022

August was a month filled with updates from the regulators and treasury, which included: The Quality of Advice Review Proposals Paper; APRA Climate Risk Survey Results; ASIC announcement regarding breach (reportable situation) reporting; and much more.

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QMV Legal Monthly Regulatory Update - July 2022

After a few quieter months post-election, July brought about the resumption of Parliament and the introduction of our first superannuation-related bill for the year. Treasury has been busy with the announcement of a review into the YFYS reforms, consultation on faith-based superannuation product performance tests and Annual Member Meeting changes.

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Strategic Planning And Member Outcomes

The focus on delivering member outcomes continues to evolve with the release of Discussion paper – Strategic planning and member outcomes: Proposed enhancements by APRA. Consultation is sought on a range of proposed changes to the current Prudential Standard SPS 515 Strategic Planning and Member Outcomes and associated guidance to incorporate the significant suite of reforms that have impacted the industry since SPS 515 was introduced in 2020.

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CPS 230 - Operational Risk Management

CPS 230 – Operational Risk Management . APRA’s strategic initiative to modernise the prudential architecture. APRA has identified specific questions for feedback that will assist it in finalising the requirements. The standard will commence from 1 January 2024. APRA intends to finalise the standard and release draft guidance for consultation in early 2023, and finalise the guidance in the first half of 2023.

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Annual Member Meetings Disclosure Requirement Changes Consultation

The Superannuation Industry (Supervision) Amendment (Your Future, Your Super— Improving Accountability and Member Outcomes) Regulations 2021 prescribe information that must be given to superannuation fund members either directly or referenced within an annual member meeting notice.

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Relief For Superannuation Calculators and Retirement Estimates

Superannuation trustees are increasingly focused on providing members with tools, information, and advice that are intended to assist members in making decisions and planning for their retirement. Online calculators and retirement estimates play an important role in enabling members to access clearer information about how decisions and scenarios earlier in life will affect their retirement income outcomes.

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QMV Legal Monthly Regulatory Update - June 2022

With the start of the new financial year, we see a myriad of superannuation-related changes come into effect as of 1 July 2022. To finish the 2022 financial year, ASIC issued a new legislative instrument covering superannuation calculators and retirement estimates and information sheet on greenwashing, while APRA confirmed it will be releasing a refreshed investment governance prudential standard.

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The Nature Of A Member's Interest In A Superannuation Fund And Standing To Commence Proceedings

SUPERANNUATION LAW CASE NOTE : Shimshon v MLC Nominees [2021] VSCA 363. QMV LEGAL

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Financial Accountability Regime (FAR) Draft Legislation - How Far Has It Come?

After a long wait following Treasury's initial proposal paper issued in January 2020, the Financial Accountability Regime (FAR) draft legislation has arrived, and there are a few key items that require consideration by superannuation trustees.

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Six Reasons Super Fund Mergers Will Accelerate Post Pandemic

The question, “Should my fund continue to exist?” if asked three months from today, may produce different answers to the same question if asked earlier in 2020. Smaller funds with members concentrated in vulnerable industries are taking most of the heat around viability during the coronavirus crisis, but cracks are showing up across many funds.

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COVID-19 Impact To Superannuation Trustees And Members - Economic Survival

This article shares initial thoughts on what superannuation trustees should be thinking about, and what they might be able to do to best position themselves to navigate the COVID-19 pandemic (and related economic carnage) with compassion, prudence, and a sense of purpose.

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Cloud Computing And The New Operating Model Explained

In the last decade, the arrival and development of the ‘cloud’ has had a profound impact on the financial services sector, both in Australia and globally. I’m not talking about the cloud Grampa Simpson is yelling at but referring to the term ‘cloud computing’.

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Super Ruling Poised To Set Climate Risk Precedent

Trustees of Australian Prudential Regulation Authority (APRA) and self-managed superannuation funds alike should pay close attention to the upcoming case of McVeigh v REST, and the possibilities of either setting a precedent requiring consideration of climate change as a material investment risk or highlighting the need for more specific climate change risk focused regulation.

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How To Prepare Product Management For Superannuation Trustee Design And Distribution Obligations

Now is the time for trustees to carry out a holistic review of the processes and controls that govern the product life cycle. The design and distribution obligations that will come into effect on 6 April 2021 complement ASIC’s product intervention powers and ASIC will consult with the industry about them later this year.   

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Data Remediation Activities Will Not Disappear; Nor Should They

The Hayne Royal Commission rightfully and very publicly raised a question mark over the quality of customer data held by financial institutions. It also highlighted that data remediation – the cleansing, organisation and migrating of data – after costly and often lengthy investigation, warrants greater focus.

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APRA and ASIC Warn Superannuation Funds Must Ensure Member Fees Are Appropriate and Correct 

In a letter sent to registerable superannuation entity (RSE) licensees on 10 April 2019, APRA and ASIC reinforced the importance of oversight to ensure fees charged to members are correct and in their best interest. This included a range of issues and ‘approaches for actions’ to address the oversight.  

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Superannuation fund operational expenditure - increasing or decreasing?

Data recently released by APRA provides a high-level picture of the trends in operational expenditure by most large superannuation funds in Australia. 

QMV’s analysis of the data shows that since 2004, with the growing scale of assets within the superannuation system means…

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