The European Securities and Markets Authority (ESMA), the EU’s financial markets regulator and supervisor, is publishing today the Final Report on the rules on conflicts of interests of crypto-asset service providers (CASP) under the Markets in Crypto Assets Regulation (MiCA). In the report ESMA sets out draft Regulatory Technical Standards on certain requirements in relation […]
Author Archives: ETE
ESMA provides guidance to firms using artificial intelligence in investment services
The European Securities and Markets Authority (ESMA), the EU’s financial markets regulator and supervisor, today issued a Statement providing initial guidance to firms using Artificial Intelligence technologies (AI) when they provide investment services to retail clients. When using AI, ESMA expects firms to comply with relevant MiFID II requirements, particularly when it comes to organisational […]
Three principles for better compliance
Check against delivery Good morning. I would like to begin by acknowledging the Traditional Owners of the land on which we are meeting, being the Gadigal people of the Eora nation, and pay my respects to their Elders, past, present, and emerging. I would also like to thank the Investor Relations Association for hosting me […]
ASIC permanently bans Melbourne director from financial services and credit activities
ASIC has made two orders permanently banning Melbourne-based former director Christopher David Nairn from the financial services and credit industries. Mr Nairn falsified numerous documents by forging his clients’ signatures which enabled him to misappropriate more than $650,000 in client funds. ASIC found Mr Nairn’s conduct was illustrative of a person who lacks the honesty, […]
Auditor and audit firm admit to independence failures
ASIC has accepted a court-enforceable undertaking from registered company auditor Robert Johnson and audit firm Hardwickes, based in Canberra. Following an ASIC investigation, Mr Johnson admitted he failed to ensure the audit of property development company, Consolidated Builders Limited, was conducted in accordance with ethical requirements outlined in the APES 110 Code of Ethics for […]
ASIC suspends AFS licence of Aurora Funds Management Limited
ASIC has suspended the Australian financial services (AFS) licence of Aurora Funds Management Limited (Aurora) (AFSL 222110) until 20 September2024. Aurora is the responsible entity of 6 registered managed investment schemes, the Aurora Absolute Return Fund (ARSN 110 303 430); HHY Fund (ARSN 112 579 129); Aurora Property Buy-Write Income Trust (ARSN 125 153 648); […]
ASIC disqualifies NSW director for five years
ASIC has disqualified Andrew Liam Parry of Wentworth Falls, NSW, from managing corporations for the maximum period of five years due to his involvement in the failure of four companies. Between June 2014 and July 2023, Mr Parry was the director or officer of four companies that entered liquidation of: On Solar Aus Pty Ltd, […]
Intelligent Money Ltd enters administration
Intelligent Money Ltd (Intelligent Money) is a self-invested personal pension (SIPP) operator authorised and regulated by the FCA. On 28 May 2024, the directors of Intelligent Money appointed Richard Heis and Edward Boyle of Interpath Advisory as joint administrators. The joint administrators are qualified insolvency practitioners. Action taken prior to the appointment of the administrators […]
ESMA reminds on rules for sharing information during pre-close calls
The European Securities and Markets Authority (ESMA) issued today a statement reminding issuers about the applicable legislative framework to “pre-close calls” and encouraging them to follow good practices when engaging in such calls, with the goal of contributing to maintain fair, orderly, and effective markets. Following some recent news in the media suggesting a connection […]
Former Queensland financial adviser Brett Gordon banned following fraud conviction
ASIC has permanently banned former Sunshine Coast financial adviser Brett Andrew Gordon from providing financial services and engaging in credit activities after he was convicted of fraud offences. Mr Gordon was a financial adviser and director of Refocus Financial Group Pty Ltd. Between 2015 and 2018, he dishonestly used funds deposited by clients for property […]