261-270 of 705 results
The pitfalls of pre-emptive rights
In this Insight, we consider an alternative approach that may better balance the rights of selling and non-selling investors where a pre-emptive right remains appropriate. ...
Allens advises GIP on investment in Perdaman Karratha Urea Project
The greenfield Project, to be developed near Karratha in Western Australia, will be one of the largest urea plants globally and will use the latest and most efficient technology to produce urea at ...
Federal Court finds cyber risk management is a critical obligation for financial services firms
The Federal Court handed down its judgment in proceedings brought by ASIC against RI Advice on 5 May 20221. It found that, as result of its failure to manage cyber security risks and cyber resilience, RI Advice breached its obligations to do all things necessary to ensure that the financial services covered by the licence were provided efficiently and fairly, and to have adequate risk management systems in place. ...
Commissioner victorious in taxing cross-border trust distributions of capital gains
The Full Federal Court has confirmed a controversial view held by the Commissioner of Taxation (the Commissioner) on the taxation of capital gains from non-taxable Australian property made by Australian resident discretionary trusts that are distributed to foreign resident beneficiaries. ...
Impact of COVID-19 on corporate financing transactions
An analysis of the practical implications of COVID-19 on corporate financing transactions and a summary of some key documentation issues that arise because of this global issue, along with tips to address them. ...
What you need to know about the draft Equator Principles 4
This insight explores the potential impact of changes proposed in the consultation draft of Equator Principles 4 which entails a greater focus on climate change, human rights and social risk. ...
Will ASIC shift its regulatory focus from disclosure to suitability?
The Financial System Inquiry inevitably the Murray Inquiry is the successor of the Campbell Inquiry 1979-1981 and the Wallis Inquiry 1996-1997 Both the Campbell and Wallis reports considered that investors were best protected through disclosure and market integrity rules Both reports assumed that ...
ASIC ramps up greenwashing-related regulatory interventions, targeting managed funds and ASX listed entities
ASIC's latest report, ASIC's recent greenwashing interventions (the Report), outlines its recent surveillance activities and regulatory interventions to tackle misleading marketing and greenwashing. ...
Design and distribution obligations for investment products – ASIC's latest expectations
ASIC has released Report 762 (the Report) following its recent review into how investment product issuers are complying with the Design and Distribution Obligations (DDO) regime. The report summarises ASIC's findings and highlights areas for improvement. ...
Breach reporting
In this Insight, we provide an overview of the Regulatory Guidance 78: Breach reporting by AFS licensees and credit licensees (RG 78) updates, and discuss some of the issues ASIC has left on the table for round two. ...