Article list

STARTing UP…How to get to market sooner!

So you’ve got an awesome idea, MVP or full product/service offering and are eager to disrupt the market… but don’t know how you’re regulated or how to comply? I’m not surprised! The Australian regulatory landscape is complex and can favour incumbents and the big end of town. Start-ups often find regulatory requirements confusing and an […]

26 Mar 2020

5,000 reasons why you should trust your Mortgage Broker

From The Fold Legal

Mortgage brokers must meet the best interests duty from 1 July 2020 or risk a fine of 5,000 penalty units or $1.05 million.This means you must show you have your client’s best interests at heart. Who is a mortgage broker? A mortgage broker: is either a licensee or credit representative; carries on a business of […]

19 Mar 2020

FASEA Code of Ethics – what you need to know

From The Fold Legal

We’re well into 2020 and the FASEA Code of Ethics (the Code) is currently in force. What should advisers and licensees be doing to make sure they comply with the Code? The Code came into effect on 1 January 2020. To make sure we’re all on the same page, I’ve answered some FAQs. I am an […]

24 Feb 2020

Cashing in on payments!

From The Fold Legal

Payments are a central part of everyday life but the regulations that govern them are complex. If Australia is to be a leader in the fintech space, it’s time for a holistic review of our regulatory framework for payments. Digital payments are on the rise Every purchase or sale we make requires some form of […]

13 Feb 2020

Market trends: BOLRS aren’t a sure thing

From The Fold Legal

The challenges for AMP advisers with their buyer of last resort arrangements (BOLRs) has dominated the headlines. Many other advisers have BOLR arrangements with their dealer groups/licensees and while many of them have not yet refused to honour them, there is a definite shift in attitude. For some advisers this will mean a delayed exit […]

03 Feb 2020

Insurance alternatives (Part 4: Discretionary mutuals)

From The Fold Legal

In our final article in this series on insurance alternatives, we outline the ultimate peer-to-peer insurance alternative – discretionary mutuals. What is a discretionary mutual? A discretionary mutual is a structure that offers discretionary risk protection to its members. Discretionary protection is similar to insurance because both offer protection against a certain event or risk […]

21 Nov 2019

Insurance alternatives (Part 3: Aggregate deductible funds)

From The Fold Legal

Aggregate deductible funds (ADFs) are becoming a more common type of insurance alternative for buying groups who are looking for new ways to manage their risks. What is an aggregate deductible fund? An ADF is a self-insurance pool that is often used by corporate or community groups, religious institutions, sporting organisations or other groups of […]

05 Nov 2019

Insurance alternatives (Part 2: parametric insurance)

From The Fold Legal

Following on from our last post about insurance alternatives, in this post we outline what parametric insurance is and how it can help you in a hardening insurance market. What is parametric insurance? Parametric insurance pays out a pre-agreed amount when a ‘trigger’ event happens. The amount is paid regardless of whether you have suffered any loss […]

18 Oct 2019

The rise of insurance alternatives (Part 1: An overview)

From The Fold Legal

The insurance market is hardening which means customers can’t always find traditional insurance solutions for their risk. This has increased demand for insurance alternatives with greater flexibility and a wider range of solutions for ‘hard to place risks’. This is the first in a four part series of blogs exploring alternatives such as parametric products, […]

08 Oct 2019

What’s next for the financial advice Safe Harbour provision?

From The Fold Legal

The Safe Harbour provision was supposed to provide financial advisers with more certainty in meeting their legal obligation to act in the best interests of their clients. But in the aftermath of the Hayne Royal Commission, the Safe Harbour provision’s days may be numbered. What is the Safe Harbour? More importantly, what isn’t the Safe […]

26 Sep 2019