BUSL251 Business And Corporations Law 2 : Essay Fountain

Question:

Task:

Prepare an analysis of a current australian newspaper /media article that relates to an aspectof the meterial covered from lecture .pick and article about the director breaching their duties or a company going into vouluntary administration or a shareholder class action or a takeover or insider trading or insolvent trading.

 

Answer:

Role of ASIC

ASIC or Australian Securities and Investment Commission is an independent governing body in Australia that works as an integrated consumer credit, corporate, markets and financial services regulator. It operates under the Corporations Act 2001 and ASIC Act 2001. This particular segment discusses the investigation done by ASIC upon the top financial institutions regarding their governance of non-financial risks. The Article that is going to be the centre point of discussion here is: “’Immature’: ASIC takes aim at boards over culture and governance risks” from the Sydney Morning Herald by Clancy Yeats (Yeats, 2019).

The aim of ASIC is to facilitate, improve and help regulate the activities involving financial entities, promoting investors to participate in the financial system, management and enforcement of law with smallest amounts of procedural requirements, retrieving and processing information quickly, make information public if required and enforcing legal practices as soon as possible if required (ASIC, 2019).

The Financial Services Royal Commission (FSRC) highlighted the issues revolving around the governance amongst the top financial institutions of the country which were then taken up seriously by ASIC. ASIC then took upon the task and created a Corporate Governance Taskforce (CGT) to evaluate the chief and official oversight and checking of non-money related hazard, together with non-compulsory decision making and ever-changing executives’ compensation (Yeates, 2019). The Taskforce has instead of focusing on the operational part of the whole company, focused mainly on governance practices at highest designations. The major findings of the Taskforce include:

  • The executives were found to work often outside board-affirmed hazard cravings for non-monetary dangers.
  • The executives were being negligent in revealing information as often as possible to distinguish clear prioritization for non-money related dangers.
  • Metrics regularly did now not supply a consultant pattern of risk publicity to the board, and so did not enable for accurate benchmarking against the threat appetite.
  • The directors of Board Risk Committees (BRC’s) neglected to connect effectively with the substance of recommendations put together by the executives, and the recurrence of BRC gatherings was low, given the significance of the BRC in overseeing hazard.
 

Analysis of the report and need for such an action by ASIC

This report depends on ASIC’s immediate audit of seven enormous money related establishments, 60 meetings (Chartered Accountants, 2019) with chiefs and officials, a broad documentation survey, and outside assets. Throughout this survey, an analysis of right around 30,000 archives, a word with 60 chiefs and senior administrators, and gotten outside exhortation on worldwide patterns and conduct factors that impact choice-making (Australian Institute of Company Directors, 2019).

The concentration of the Taskforce was on executive and official oversight of non-money related hazards or the non-financial risks, due to ASIC’s significant duty to control the obligations of chiefs and officials under the Corporations Law. The non- financial risks here are such as operational risks, conduct risk (counting risks from not treating clients decently) and compliance risk (risk from not taking after the rules) (Australian Securities and Investment Commission, 2019).These non-financial risks carry exceptionally genuine monetary suggestions for companies, their clients and investors as well and hence, must be considered while carrying out the business specially in case not recognized prioritized early sufficient.

The work by both, the ASIC and the Royal Commission has drawn attention towards the situation when legitimate oversight and administration of non-financial risks are not made a need in a company. It was seen that ineffectively supervised and overseen non-financial risks can result in systemic offence and hundreds and millions of dollars of customer misfortunes. It also generates costs such as remediation costs and ‘Catch Up’ investing in chance and compliance by firms. As far as the financial scenario regarding these costs is concerned, they are believed to be around billions of dollars and not much of a reputational harm has been done (Insurance and Risk, 2019).

This whole fiasco is believed to yield a huge impact upon resource values, cash streams, intangible resource values and also the life span and productivity of individual companies.

The seven biggest financial institutions of Australia, Wealth Manager IOOF, ANZ Bank, National Australia Bank, Commonwealth Bank, Westpac, Insurance Australia Group and AMP were the ones upon whom the ASIC’s Taskforce channelled their investigation. The archives of these companies were retrieved and information from them was then used to analyse the situation revolving around the institution’s non-financial aspects ( Bryans & Ginberg, 2019).

Kiel Advisory Group has also prepared a separate report of their own which takes a gander at how conduct and social elements among sheets and the board can impact oversight of non?financial risks. They distinguished four unique paradigms of board working style: Advisory, Skeptical, Collaborative and Director. Each one of them had a specific quality and moves pertinent the board’s successful oversight of non-financial related risks. In any case, for all these paradigms, regular mentalities and social standards seemed to confine sheets from recognizing vulnerable sides, particularly in connection with the non-financial risks ( Biggins & Turnbu, 2019).

Conclusion

The ASIC conducted this investigation to know more about the governance related and non-financial aspect of the infamous Financial Institutions of the country. It was disappointing to know that the biggest companies are not following the required norms of the country. There is a huge lack even at the highest level of supervision. The report is an example of what practices should not be adopted by other companies as far as governance is concerned. ASIC wishes not just these particular companies to gain knowledge from their mistakes but also advices other companies to go through the report and learn from it in order to keep track of governance in their companies.

 

References

Biggins , H. & Turnbu, E., 2019. ASIC Corporate Governance Taskforce Report. [Online] Available at: https://www.allens.com.au/insights-news/insights/2019/10/asic-corporate-governance-taskforce-report/[Accessed 11 October 2019].

Bryans , P. & Ginberg, . J., 2019. ASIC Corporate Governance Taskforce: Director and officer oversight of non-financial risk report. [Online] Available at: https://www.lexology.com/library/detail.aspx?g=6f33e9ae-ec4d-4a28-a571-53aec0971306[Accessed 11 October 2019].

ASIC, 2019. 19-271MR ASIC releases report on director and officer oversight of non-financial risk. [Online] Available at: https://asic.gov.au/about-asic/news-centre/find-a-media-release/2019-releases/19-271mr-asic-releases-report-on-director-and-officer-oversight-of-non-financial-risk/
[Accessed 11 October 2019].

ASIC, 2019. Our role. [Online] Available at: https://asic.gov.au/about-asic/what-we-do/our-role/[Accessed 10 October 2019].

Australian Institute of Company Directors, 2019. Release of the ASIC Corporate Governance Taskforce report on director and officer oversight of non-financial risk. [Online] Available at: https://aicd.companydirectors.com.au/membership/membership-update/release-of-the-asic-corporate-governance-taskforce-report
[Accessed 11 October 2019].

Australian Securities and Investment Commission, 2019. Launch of ASIC’s report on director and officer oversight of non-financial risk. [Online] Available at: https://asic.gov.au/about-asic/news-centre/speeches/launch-of-asic-s-report-on-director-and-officer-oversight-of-non-financial-risk/
[Accessed 11 October 2019].

Chartered Accountants, 2019. Real financial implications in non-financial risks. [Online] Available at: https://www.charteredaccountantsanz.com/news-and-analysis/news/real-financial-implications-in-non-financial-risks[Accessed 11 October 2019].

Insurance and Risk, 2019. ASIC RELEASES REPORT ON DIRECTOR AND OFFICER OVERSIGHT OF NON-FINANCIAL RISK. [Online] Available at: https://insuranceandrisk.com.au/asic-releases-report-on-director-and-officer-oversight-of-non-financial-risk/
[Accessed 11 October 2019].

Yeates, C., 2019. ‘Immature’: ASIC takes aim at boards over culture and governance risks. [Online] Available at: https://www.brisbanetimes.com.au/business/banking-and-finance/immature-asic-takes-aim-at-boards-over-culture-and-governance-risks-20191002-p52wu5.html?ref=rss&utm_medium=rss&utm_source=rss_feed[Accessed 11 October 2019].

Yeats, C., 2019. ‘Immature’: ASIC takes aim at boards over culture and governance risks. [Online] Available at: https://www.smh.com.au/business/banking-and-finance/immature-asic-takes-aim-at-boards-over-culture-and-governance-risks-20191002-p52wu5.html[Accessed 11 October 2019].

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