Liam Hennessy

Full Profile

Liam is a recognised thought leader in financial services risk and compliance, licensing and regulatory matters. He works from the Brisbane office, and serves in a number of academic and policy positions. He holds a Master of Laws from Sydney University, specialising in advanced corporate governance and regulation, is the creator and lecturer of financial services regulation law at Griffith University (5342LAW), and remains active in the development of the digital assets and fintech space – where it concerns financial services licensing and product design. He has worked at leading firms in Australia and London, and is an Adjunct Professor of Law at Griffith University.

Liam has particular experience advising on the tokenisation of financial products, providing advice concerning regulated primary & secondary markets for tokens, developing novel token structures and assisting CeFi and DeFi organisations. His work is often collaboratively global in nature, which benefits his clients in this evolving space. Regarded as one of Australia’s preeminent practitioners in the digital assets space, he regularly consults with policymakers, industry bodies and media on key developments. 

In addition to his authoring several LexisNexis financial services chapters and general commentary in the media, Liam maintains the Australian Regulators Weekly Wrap to provide the industry with a weekly overview of the latest developments within the space.

Experience

Financial Accountability Regime: Liam has led over 15 UK SMCR, HK MIC, AU BEAR and AU Financial Accountability Regime (FAR) implementations. He is current working on implementing FAR for many different general insurers, super funds and banks, many with complex disaggregated domestic and international structures.

Global FX Company: Leading the defence of a large global FX company against multiple international regulatory investigations, inclusive of strategic realignments of the business, licensing amendments and major documentary reviews.

CCIV Structure: Creating one of Australia’s first CCIV fund structures for use in attracting investment from Asia Pacific region, together with all associated licencing, governance and compliance requirements.

Tokenised Fundraising: Working with leading Web3 businesses to create tokens for capital fundraising, including through trading on secondary markets through centralised exchanges.

AFSL Licensing: Leading clients in amending their AFSLs to obtain complex authorisations, for example “make a market” provisions, and obtaining multiple AFSLs for new entrants (MIS, financial advisory etc.).

ASIC/APRA Investigations: Defending banks, insurers and super funds in multiple ASIC and APRA investigations, including wholesale document reviews, AML/CTF reviews, strategic advice and remediation.

General advisory

• Governance, risk and culture reviews. Liam has deep experience in the Banking Executive Accountability Regime, and Financial Accountability Regime
   
• Financial services regulation, licensing AFSL, compliance and risk assurance (e.g. breach reporting, DDO, structure product design, personal/general advice and CAR arrangements)
   
• Advising on the tokenisation of financial products, advising on primary and secondary markets for tokens, developing novel token structures and assisting DAOs. All forms of cryptocurrency licensing, compliance and advice
   
• Prudential licensing, including R/ADI applications and compliance (e.g. CPS 511 and APS 222)
   
• Consumer and commercial credit licensing, and compliance (e.g. marketing reviews), disclosure materials (e.g. CGs and FSGs), and policies (e.g. complaints and RL, product design, broker engagements, and general advice)
   
• Preparing compliance policies, procedures, and controls across all financial services entities
   
• Development and launch of financial and credit products, including PDS and SPDS preparation, and advice. Advising under the design & distribution regime
   
• Advising on Chapter 7 of the Corporation Act 2001 (Cth), ASIC Act 2001 (Cth), SIS Act 1993 (Cth), National Consumer Credit Code 2009 (Cth)and related laws
   
• Advising on APRA and ASIC regulation guides and standards, and codes of practice (e.g. GICOP)
   
• Advising on AML/CTF compliance, including developing frameworks and processes, and sanctions
   
• e-payments, payment systems regulation and products
   
• FinTech/RegTech regulation, development and launch
   
• Domestic and international funds management and investment funds
   
• Financial and investment products and structures, and corporate matters
   
• Advising boards on best practice governance, (e.g. director’s duties, risk appetite and risk management policy, conflict of interest policy). Developing ‘three lines’ of defence models