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Allens insights: Brave new world where financial advisers work in sales
Insight 20 Aug 2014

The Senate Economics Committees Report into ASICs performance is an interesting read It opens by calling ASIC a timid hesitant regulator too ready and willing to accept uncritically the assurances of a large institution And continues in a similar vein for almost 500 pages ASIC says it does the best ...

Competition law update
Insight 14 Aug 2014

In touch Competition law update is a regular publication by the Allens Competition Law group to keep you informed of the latest news and developments in this area ...

Bringing light to the shadows: regulation of the Australian shadow banking sector
Insight 08 Aug 2014

The Financial Stability Board has been working since the GFC to develop a policy framework that mitigates the systemic risks of the shadow banking sector while simultaneously preserving its benefits We examine international developments in shadow banking and the Boards proposed regulatory response ...

ASIC proposes changes to fees and costs disclosure
Insight 24 Sep 2014

ASIC has released for industry comment a draft Class Order which would amend the fees and costs disclosure requirements that apply to superannuation and managed investment products The key proposed amendments relate to the way in which indirect costs must be disclosed Senior Associate Simun Soljo ...

Comply or say bye to your franchise!
Insight 23 Oct 2014

With the new Franchising Code of Conduct and civil pecuniary penalties set to commence in 2015 a recent Full Federal Court decision is a timely warning to franchising parties to ensure their practices comply with the Code ...

Investor-state dispute settlement and the China-Australia Free Trade Agreement
Insight 21 Nov 2014

The Australian and Chinese governments have concluded negotiations on a free trade agreement that will reduce tariff barriers on the majority of Australian exports to China The Australian Department of Foreign Affairs and Trade has confirmed that the treaty will include an investor-state dispute ...

High Court 'moves' unanimously in defining the scope of consideration for tax purposes
Insight 22 Dec 2014

Those involved in property development arrangements or business acquisitions should be aware of the tax implications of the recent High Court decision in Lend Lease Development that has broadened the scope of what forms the consideration for the transfer of dutiable property The High Court found ...

Vietnam Legal Update: New Law on Bankruptcy to take effect in January
Insight 22 Dec 2014

Vietnams new Law on Bankruptcy will take effect from 1 January 2015 bringing in a number of changes including a new definition of bankruptcy Partner Robert Fish and Junior Associates Giang Quang Nguyen and Linh Nguyen look at the most significant features of the new law and note what will differ ...

ASIC releases paper on collective action by institutional investors
Insight 26 Feb 2015

ASIC has released its consultation paper on collective shareholder actions which calls for feedback on a draft update to Regulatory Guide 128 The consultation paper illustrates ASICs current albeit preliminary views on the tension between fostering increased investor engagement on the one hand and ...

Bigger sticks, smaller budget: ASIC's enforcement in 2015
Insight 25 Feb 2015

In 2014 the Australian Securities and Investments Commission ASIC was chastened by the Senate Economics References Committee which wants ASIC to be more effective but encouraged by the Financial System Inquiry which wants ASIC to take on greater powers Meanwhile the Federal Government has reduced ...

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