ASIC to Name Financial Licensees in New Breach Transparency Initiative

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The Australian Securities and Investments Commission (ASIC) has proposed a new regulatory framework aimed at increasing transparency in the financial industry by identifying financial planning licensees who report breaches.

Revealed in a consultation paper, CP 383, this proposal would see ASIC start publishing Reportable Situations (RS) and Internal Dispute Resolution (IDR) data at both firm and industry levels, including the names and licence numbers of the offending companies.

This move marks a significant departure from ASIC's current practice of only publishing industry-level data, which omits individual firm details. Notably, the proposed dashboards will exclude personal information for licensees who are individuals, ensuring privacy is maintained.

ASIC's consultation paper outlines several key data elements it plans to share, including detailed information about licensees, the volume and nature of reported breaches, the extent and impact of these breaches, and subsequent remediation and rectification efforts. Additionally, the paper focuses on the licensees' investigative and reporting practices.

The primary objective behind this initiative is to enhance accountability and transparency within the financial sector. By making this data public, ASIC aims to incentivize improved behaviors and performance amongst financial services providers. It also intends to help both firms and consumers identify systemic issues characterized by significant breach volumes and recurring IDR complaints, providing a clearer focus for compliance efforts and improving consumer outcomes.

According to ASIC Commissioner Alan Kirkland, the public release of the proposed dashboard would significantly boost transparency, encouraging firms to bolster their performance. It will also offer consumers and investors a more accessible means to engage with firm-level data, promoting more informed decision-making and participation within the financial system.

The proposals detailed in CP 383 mark a pivotal step in ASIC's ongoing commitment to fostering a more transparent and accountable financial sector, with anticipated benefits not just for industry compliance but also for consumer trust and safety.

Published:Monday, 14th Apr 2025
Source: Paige Estritori

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Truth in Lending Act (TILA):
A federal law designed to promote the informed use of consumer credit by requiring disclosures about terms and costs.