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iSignthis restates funds held on behalf of merchants

ASIC notes the decision of iSignthis Limited to restate its funds held on behalf of merchants in its financial report for the half-year ended 30 June 2019. Following ASIC inquiries, iSignthis Ltd [ASX code: ISX] decreased the funds held on behalf of merchants classified as current assets and current liabilities by $6.3 million to $2.3 …

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ASIC makes product intervention order banning short term lending model to protect consumers from predatory lending

ASIC has used its product intervention power to ban a model of lending in the short term credit industry which has been found to cause significant consumer detriment. In its first deployment of this power ASIC targeted a particular business model where a short term credit provider and its associate charged fees under separate contracts. …

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ASIC to appeal Westpac responsible lending Federal Court decision

ASIC has filed an appeal with the Full Federal Court of Australia against the decision of the Honourable Justice Perram regarding ASIC’s allegations against Westpac Banking Corporation (Westpac) for contraventions of responsible lending provisions of the National Consumer Credit Protection Act 2009 (Credit Act). On 1 March 2017, ASIC commenced Federal Court proceedings alleging, during …

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Online publishing company and former director found liable for misleading and deceptive statements about mimicking the Future Fund

The Federal Court of Australia has found an AFSL holder and its former director made misleading and deceptive statements about an investment strategy targeting retired investors and investors approaching retirement, said to mimic the performance of the Australian Government’s Future Fund. Port Phillip Publishing Pty Ltd (PPP) and its former director, Kristan Sayce, reached agreement …

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ASIC research highlights the importance of reforms for mortgage brokers and home lending

Today ASIC has released a report Looking for a mortgage: Consumer experiences and expectations in getting a home loan. As part of this research, ASIC followed over 300 consumers in the process of taking out a home loan and surveyed another 2,000 consumers. This research examines consumer decision-making in relation to home loans to identify …

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ASIC proposes ban on the sale of binary options to retail clients, and restrictions on the sale of CFDs

ASIC has released a consultation paper Product intervention: OTC binary options and CFDs (CP 322) on proposals to use its product intervention power to address significant detriment to retail clients resulting from over-the-counter (OTC) binary options and CFDs. A binary option is an ‘all or nothing’ bet on the outcome of an event. A CFD …

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Finclear Execution pays $70,000 infringement notice

Finclear Execution Limited (Finclear) has paid a penalty of $70,000 to comply with an infringement notice given by the Markets Disciplinary Panel (the MDP). The MDP had reasonable grounds to believe that Finclear contravened the market integrity rules in relation to a pre-arranged crossing in April 2018 for an on-market buy-back by a company listed …

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