381-390 of 426 results

Confirmation of FATCA Status of Australian Superannuation Funds
Insight 16 May 2014

The Intergovernmental Agreement between Australia and the United States in relation to the implementation of the FATCA regime has been signed. ...

You've got to be perfected - Equipment leasing and the PPSA
Insight 07 Mar 2016

A recent decision of the Supreme Court of New South Wales has again illustrated the potentially severe consequences for lessors of equipment and other goods under the vesting provisions of the Personal Property Securities Act 2009 Cth The lease can be a security interest If the lessors dont perfect ...

How to avoid anti-money laundering compliance headaches - financial product issues
Insight 03 Jul 2015

Issues of securities interests in managed investment schemes and other types of financial products typically involve a number of designated services under Australias anti-money laundering and counter terrorism financing AMLCTF regime However in the midst of preparing governing documents disclosure ...

Forge-ing ahead - the treatment of fixtures under the PPSA
Insight 21 Feb 2017

Under the Personal Property Securities Act 2009 (Cth), the Court of Appeal have confirmed that 'fixtures' are to be understood in the same way as at general law and the same common law test applies to determining whether goods affixed to land have become fixtures. ...

Take care! Court confirms the devil in the details for PPSA registrations
Insight 10 Feb 2017

In a recent case a leasing company lost 23 million worth of leased equipment because it had registered the lease against the lessee companys ABN rather than its ACN - involving just two extra digits The equipment vested in the lessee company when it went into voluntary administration The court ...

Mandatory margining
Insight 07 Feb 2017

Late last year APRA released the implementation schedule for its long-awaited Prudential Standard CPS 226 Margining and risk mitigation for non-centrally cleared derivatives ...

ASIC sell-side research consultation and proposed regulatory guidance
Insight 04 Jul 2017

ASICs new regulatory guidance focuses on managing conflicts of interest and material non-public information when providing sell-side research As well as providing extensive guidance on managing conflicts of interest during the capital raising process ASIC provides its views on payment of ...

Statutory priority of secured creditors and trustee insolvency: implications of Re Amerind appeal decision
Insight 13 Mar 2018

Implications of Re Amerind appeal decision has been widely welcomed by insolvency practitioners and others, as it brought some clarity to the question of whether the statutory order of priority applies to trust creditors. ...

Trustee insolvency - the Full Federal Court weighs in to the debate
Insight 29 Mar 2018

The Full Federal court released its decision in Jones (Liquidator) v Matrix Partners Pty Ltd that trust assets should be applied first in paying employees and other statutory preferred creditors. ...

Personal advice and the best interests duty
Insight 21 Mar 2018

There has been a great deal of attention given to the meanings of financial product advice and personal advice in the Corporations Act and many of us are eagerly waiting to see what Justice Gleeson will say about the topic in the case ASIC has brought against the BT trustees. ...

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