360Certainty + 360Certainty Legal

Legal

We help you focus on running your business, whilst you know that your legal matters are in safe hands. We provide advice, advocacy and execution based on decades of experience, covering matters such as:

– Regulatory: licensing applications, variations, appointing Responsible Managers, removing Key Person conditions, authorised representative arrangements; advising on breach notifications; Regulatory Engagement, Investigations & Enforcement

– Listed vehicles: listing, operating, and de-listing, continuous disclosure obligations, Mergers & Acquisitions

– Funds Management: establishing, operating and winding up registered and unregistered schemes; segregated mandates; funds M&A; fund structuring

– Banking & Finance: general corporate finance, property and construction finance, rural finance, management rights finance and water access licences; drafting and negotiating loan agreements, charges, mortgages and other securities

– Intellectual Property: registering and protecting IP; licensing agreements and disputes

– Litigation and disputes: negotiation, mediation, through to arbitration and litigation

– Corporate: shareholders agreements, M&A, JVs, employee share schemes

Governance

Setting up your organisation for effective decision-making through the right forums, frameworks and accountability.

We can assist with:
– Understanding directors’ duties
– Board skills matrix
– Evaluating Board performance
– Management delegations and reporting
– Company secretarial obligations
– Streamlining and aligning governance processes through subsidiaries and associated ventures

Risk

Effectively identifying, evaluating and managing risk is inherent to operating a successful business. For regulated businesses, typically there are regulatory expectations that formalise risk management such as ASIC’s RG259 Risk management systems of responsible entities and APRA’s CPS220/SPS220 Risk Management.

We can assist with establishing or enhancing your:
– Risk Management Framework
– Risk Appetite Statement
– Risk Management Strategy
– Risk Management Policy
– Risk Control Self-Assessment
– Risk Register
– Stress testing and scenario analysis

We can also undertake a comprehensive independent  review of the appropriateness, effectiveness and adequacy of your risk management systems.

Compliance

Translating legal and regulatory requirements into easy to comprehend and operate policies and procedures is a key component of best equipping your organisation for complying with its obligations. Maturing from a culture of seeing compliance as a necessary evil or a box-ticking exercise to a true enabler of a sustainable business is essential for establishing and maintaining a true culture of compliance.

We can assist with:
– Drafting and reviewing policies and procedures
– Developing and delivering training, both online and face-to-face
– Monitoring compliance

AML/CTF and Financial Crime

All kinds of businesses big and small across the financial services, gambling, bullion and remittance sectors have a role to play in preventing money laundering and terrorism financing. These and many more organisations can all face risks to their balance sheet and reputation stemming from fraud, as well as sanctions, bribery and corruption.

We can assist with establishing or enhancing:
– Customer identification procedures
– Ongoing customer due diligence
– Transaction monitoring
– Reporting threshold transactions and suspicious matter reporting
– Recordkeeping requirements
– AML/CTF Program
– Sanctions policies / procedures
– Anti-Bribery and Corruption policies / procedures
– Modern Slavery policies / procedures

We can also undertake:
– Independent reviews of an AML/CTF Program
– Preparing for and submitting the annual AML/CTF Compliance Report to AUSTRAC
– Responding to notices from AUSTRAC.

Licensing

Obtaining the correct licence to operate is an essential component of operating in regulated industries, such as the financial services industry. 360Certainty has extensive experience in obtaining, varying and even cancelling licences across a variety of jurisdictions.

We can assist with applying for, varying and cancelling:
– Australian Financial Services Licences (AFSLs)
– Australian Credit Licences (ACLs)

For information about operating as a Corporate Authorised Representative (CAR) under an AFSL holder, please click here to learn about the offering from Avenir Capital.

Due Diligence – Outsourcing

Deciding to rely on another organisation to assist with the delivery of your products or services to your clients can help you to scale and grow your business, but does not eliminate risks from your business, nor do the risks stay the same – they are transformed through an outsourcing arrangement.
In managing the risks related to outsourcing, we can assist with developing or enhancing your Outsourcing Policy and processes. We can also assist with undertaking due diligence on your proposed and existing outsourced service providers.

Investment Manager Operational Due Diligence

Both APRA and ASIC have continued to increase their expectations on how to manage the risks that arise with the appointment of an external fund manager, and industry bodies such as the AIST and FSC have provided guidance on how to undertake Operational Due Diligence on an external fund manager. We have extensive experience both undertaking reviews of external fund managers as well as assisting fund managers with reviews for their existing and prospective clients.

Whistleblowers

ASIC’s Regulatory Guide on Whistleblower policies (RG270), sets out ASIC’s expectation that since 1 January 2020 all public companies, large proprietary companies, and proprietary companies that are trustees of registrable superannuation entities are required to have a Whistleblower Policy available to their officers and employees, and have this published on their website.

We can assist with:
– Establishing or enhancing Whistleblower Policies and procedures
– Investigating and reporting on Whistleblower disclosures
– Operating an external Whistleblower service
– Evaluating the effectiveness of Whistleblower Policies and procedures