Resource Library

This article provides an overview of the European Commission’s draft Digital Operations Resilience Act (DORA), published in September 2020. DORA was developed to support the twin goals of developing digital finance while mitigated associated risks. The need for DORA came about as result of the unique risks regulators the world over are managing due to the financial industry’s increased digitization and reliance on technology.

New Zealand – in a world first – introduced a bill requiring companies in the financial sector to disclose the impact of climate change on their businesses and how they plan to manage climate-related risks and opportunities. This resource takes a look at how the climate impact disclosure bill could impact businesses based in Australia.

This resource provides an overview on the recently passed legislation by the Financial Services Royal Commission. The specific legislation is the Financial Sector Reform (Hayne Royal Commission Response) Bill 2020. In particular, this summary examines the differences between this Bill and previous legislation and how it affects insurers.

This article delves into the Consultation Conclusions on Proposed Enhancements to the Open-ended Fund Companies Regime (OFC) and Further Consultation on Customer Due Diligence Requirements, published by Hong Kong’s Securities and Futures Commission. Issued on 2 September 2020, the Consultation Conclusion, the Consultation Conclusion highlights different enhancements to be made to private OFCs.

This article goes into the details of a highly anticipated draft practical compliance guideline (PCG 2021/D3) released by the Australian Taxation Office (ATO). PCD 2021/D3 provided clarity on the two primary issues: (1) what are the reasonable enquiries required to demonstrate compliance with the imported hybrid mismatch rule (IHMR); and (2) the Australian Taxation Office’s approach to risk assessment for the application of the IMHR to taxpayer’s circumstances.

This article highlights the importance of protecting one’s FinTech products and innovations. One means of protecting FinTech innovations is through Intellectual Property (IP) laws. In particular, the IP laws of Hong Kong provide a variety of mechanisms to ensure the protection of FinTech products.

This article provides several mitigation measures that banks and other financial institutions could take in order to minimize the impact of any conflicts between foreign legislations on Hong Kong-related sanctions that have arisen due to the rise of geo-political risks.

This article delves into a joint statement that was issued by the Federal Crimes Enforcement Network (FinCEN) and federal banking regulators, which clarified the due diligence obligations of banks under the Bank Secrecy Act (BSA), examining some of the provisions within the BSA.

This article provides an overview on final regulations issued by the Committee of Foreign Investment in the United States (CIFUS) on 13 January 2020. The regulations were promulgated in order to comprehensively implement the Foreign Investment Risk Review Modernization Act of 2018.

China is operating increasingly on a cashless basis, with the Chinese government posed to launch a digital currency called Digital Currency Electronic Payment (DCEP or “digital yuan”). This article provides a holistic overview and answers several key questions pertaining to the DCEP.