Hong-Viet Nguyen

Hong-Viet is a financial services regulatory lawyer with broad experience gained both in private practice and in-house.

Hong-Viet’s expertise and experience includes advising on a range of matters affecting financial services providers (including providers in the insurance, wealth management, consumer credit, superannuation, retail banking and payments industries). This includes advising in respect of licensing and compliance, anti-money laundering and counter-terrorism financing laws, consumer credit and margin lending, privacy, payment systems and consumer protection.

Hong-Viet also has experience dealing with regulators, including ASIC, APRA and AUSTRAC.

Experience

Hong-Viet’s experience includes advising:

  • Financial services and products regulatory compliance in respect of financial services and products regulatory compliance. This includes advising in respect of:
    • licensing, authorisations and exemptions under the Australian financial services licensing regime (Chapter 7 of the Corporations Act), the Australian credit licensing regime (National Consumer Credit Protection Act), superannuation (Superannuation Industry (Supervision) Act), banking (Banking Act) and insurance (Insurance Act and Life Insurance Act);
    • ongoing licensee obligations (including responsible lending for credit providers);
    • product and services disclosure; and
    • ongoing compliance and risk management issues, including developing compliance procedures and breach reporting.
  • Distribution, and joint venture and alliance, arrangements in relation to drafting and negotiating distribution agreements, and joint venture and alliance argreements, relating to products and services regulated under the financial services provisions of the Corporations Act and the National Consumer Credit Protection Act;
  • Insurance in respect of insurance laws, including the Insurance Contracts Act, Life Insurance Act and codes of practice;
  • Payment systems including credit card products, stored value card products and electronic wallets; and
  • Other regulatory advice such as the Australian Privacy Principles (including in respect of the credit reporting provisions of the Privacy Act and Privacy (Credit Reporting) Code), and reviewing and amending standard form consumer contracts for compliance with the unfair contract terms regime.

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