Hall & Wilcox’s experience covers our clients’ regulatory and licensing obligations. Importantly, we also explore the applicable professional standards and compliance requirements. While often overlooked, we understand their impact on all areas of our clients’ operations and the role they play in business protection. We help address this issue using Smarter Law systems that are designed to meet the strict regulatory and licensing requirements.

We advise on the full range of financial services regulation and licensing issues, including:

• AFSL applications, licensing requirements and compliance;
• disclosure document preparation and review of regulated disclosure documents including PDSs, SOAs and FSGs;
• design and distribution obligations;
• applying to regulators such as ASIC, AUSTRAC and ASX for exemptions and relief;
• due diligence program design and implementation;
• key regulatory regimes including the Corporations Act, the Superannuation Industry (Supervision) Act, the Income Tax Assessments Act(s), and the Competition & Consumer Act;
• compliance programs and plans within the framework of AS3806, including systems for monitoring, measurement and reporting;
• IDPS Guide preparation, review, due diligence and verification;
• IDPS constitution review and preparation;
• MDA compliance advice and agreements; and
• enforcement issues and enforceable undertakings.

Fintech

The burgeoning Australian fintech ecosystem is poised to become a desirable option for fintech companies wanting to establish a presence in Asia. There are now more than 800 diverse and complex fintech companies operating in this multifaceted sector across Australia. These businesses play an essential role in revolutionising how users engage with financial services, and ultimately they deliver better outcomes for all participants.

Our cross-practice Fintech team understands the challenges clients face in this sector. Internationally recognised as leading lawyers in their field, our team advises on all facets of fintech law affecting both new and established participants. Our diverse clients include dedicated fintech companies as well as established organisations developing their fintech services. These include:

• new and established fintech companies (neobanks, blockchain businesses, cryptocurrencies and digital assets, lending and payment platforms, wealthtech, regtech, insurtech and crowdfunding companies)
• banks and non-bank lenders
• fund managers (including superannuation and investment funds)
• insurers, underwriters and brokers