271-280 of 473 results
Superannuation trustees and 'efficiently, honestly and fairly'
The Federal Court has made declarations that two superannuation fund trustees contravened ss912A(1)(a) (efficient, honest and fair obligation) and 1041H (misleading or deceptive conduct) of the Corporations Act, and s12DA (misleading or deceptive conduct) of the ASIC Act. ...
Investing via convertible debt instruments in Vietnam
We look at the pros and cons of convertible debt instruments compared to traditional equity investment in Vietnam, the availability of these instruments to foreign investors and a comparison between convertible loan and convertible bond. ...
The simple case of the SIS Act 'best interests' obligation
Commissioner Hayne's comments in his final report, and the surge of community interest in super, have resulted in a renaissance of sorts for the 'best interests' obligation. ...
EU Commission publishes AIFMD report – what does this mean for Australian wholesale fund managers?
The European Commission has finally published its report on AIFMD and, in doing so, considered the impact of AIFMD on AIFMs, AIFs and investors. The report is short, but gives some insight into how the key features of AIFMD have worked and the effect this has had on the market. ...
Enforceability of industry codes of conduct
Proposed changes giving ASIC powers in relation to financial services industry codes of conduct means that obligations in these codes may become enforceable. This is interesting because the drafting in many of these codes tends to be broad, and, in some cases, goes far beyond the participants' exist ...
Setting a new standard: a guide to APRA's operational risk management reforms
Given the tight timeframes proposed, APRA regulated entities should begin to review their operational risk management processes and arrangements against draft CPS 230 – see our practical implementation guide here. ...
Part 1 – Detailed Analysis of CPS 230 and comparison with existing standards
Operational risk has been a headline issue in the superannuation, insurance and banking industries over recent years, so it is no surprise to see APRA sharpening its focus on operational resilience with the release of a new draft prudential standard, CPS 230. In this Insight we provide an overview of CPS 230 and what it will mean for you. ...
End in sight for FFSP transitional arrangements
In exciting news for foreign financial service providers (FFSPs), the Australian Government has announced new proposals to reform the foreign financial services licensing regime following a lengthy period of uncertainty and ongoing transitional arrangements. ...
Allens named Australia's top project finance legal adviser
The firm advised on 11 transactions with a total value of US$10.2 billion during the period, advising: the syndicate of lenders on Squadron Energy's innovative portfolio debt financing package to ...
Fundraising – making the most of convertible notes
A noticeable fundraising trend in the first half of calendar year 2023 has been ASX-listed entities issuing convertible notes to strategic investors – which has caught the ASX's attention. In this Insight, we explain what potential issuers and investors need to know when issuing convertible notes. ...