411-420 of 592 results
Statutory priority of secured creditors and trustee insolvency: implications of Re Amerind appeal decision
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
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
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. ...
Preparing a target market determination for a financial product
As the design and distribution obligations for issuers and distributors of financial products inch closer there is a good deal of hand-wringing taking place Much of it concerns what a target market determination should look like Guidance from the European Securities and Markets Authority on MiFID II ...
CCIVs: Lost in translation?
The long-awaited Exposure Draft containing the tax treatment of the proposed new corporate collective investment vehicle has been released for consultation. ...
Draft code of ethics for financial advisers - in need of much more work
You would be hard pressed to find a bigger load of nonsense than the draft code of ethics for financial advisers issued recently by the Financial Adviser Standards and Ethics Authority ...
All that glistens isn't Goldsky – key learnings from the ASIC v Goldsky decision
The recent case of ASIC v Goldsky Global Access Fund raises a number of compelling questions (some of which we explore below), and fund managers would do well not to place too much stock in the judgment in support of arguments that a trustee of a wholesale fund may act as trustee with the benefit of ...
Allens' second-round submission to the FSI: the nature and quality of financial services regulation
On 26 August we lodged our submission in response to the Financial System Inquirys FSI Interim Report ...
Could superannuation cease to be prudentially regulated?
The Financial System Inquiry FSI has asked whether superannuation should cease to be prudentially regulated Is this idea likely to go anywhere Dont be so sure that it wont ...
Hayne report – first impressions
Commissioner Hayne's recommendations may initially seem somewhat modest – they do not undo vertical integration, impose limits on executive remuneration or ban bonuses and they do not recommend that directors prefer the interests of their customers. But, while it is true that the recommendations are not radical, there is much in the report that will mean some real changes for financial services companies, their Boards and their executives, as well as for their regulators and advisers. ...