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Linklaters Insights: UK - At a glance: governance and risk December 2019/January 2020
Insight 31 Jan 2020

This latest guide looks at developments at the end of last year and the beginning of 2020. It covers: Brexit and the transition, final-form recommendations for audit and auditor reform, new stewardship obligations for investors, tougher new anti-money laundering rules, FRC guidance for this year's annual reports and Section 172 statements, the extension of the FCA's Senior Manager regime, market abuse, ESG and climate, private equity reporting, transparency of ownership of UK real estate and late payment. ...

ASIC finalises new regulatory framework for foreign financial services providers
Insight 13 Mar 2020

The Australian Securities and Investments Commission has unveiled the much-anticipated new regulatory framework for foreign financial services providers that supply financial services to wholesale clients in Australia. foreign financial services providers ...

Impact of COVID-19 on investment funds
Insight 31 Mar 2020

As the COVID-19 pandemic creates turbulence in global financial markets and propels investors into a race for liquidity, we are beginning to see investment funds grappling with some of the issues they had confronted in 2007–2009 during the global financial crisis (the GFC). ...

Hayne report – first impressions
Issues 11 Feb 2019

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. ...

Round 1: Experiences with consumer lending practices
Issues 10 Feb 2019

In the Final Report, the Commissioner has found that, for the most part, whilst the legislative tools necessary to protect borrowers are already available, there have been significant shortcomings in their application and enforcement. ...

Detailed analysis
Issues 11 Feb 2019

In the Final Report, the Commissioner has found that, for the most part, whilst the legislative tools necessary to protect borrowers are already available, there have been significant shortcomings in ...

Enforceability of industry codes of conduct
Insight 16 Mar 2020

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 ...

Continuous disclosure during COVID-19: shining the spotlight on earnings and debt
Insight 06 Apr 2020

In its latest compliance update, ASX reiterated that entities in financial difficulty (including with respect to their debt arrangements) will receive no special treatment. On earnings guidance, it was acknowledged that many listed entities have taken the opportunity to withdraw guidance issued before the outbreak of COVID-19. ASX also strongly encouraged entities to review their published guidance in light of COVID-19 and to either update it if it was not current or withdraw it in this highly uncertain climate. ...

Procurement update – when can government abandon a procurement process and what are the consequences? Considerations from the UK
Insight 28 Jan 2020

The United Kingdom High Court (the Court) recently handed down its judgment in Amey Highways Ltd v West Sussex County Council, which considered the abandonment of a government procurement process following a breach of relevant procurement regulations by a public agency. For government departments and agencies in particular, this case clarifies when a public agency can abandon a procurement process and what remedies may be available to bidders in these circumstances. ...

The WTO decision against Australia – what the law on paper might mean in practice
Insight 31 Jan 2020

At a time when global powers continue to test international trade rules, a World Trade Organization decision involving Australian tariffs on Indonesian A4 copy paper highlights some of the key legal issues that caused tension between international trading partners in 2019. ...

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