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Royal Commission: Round 3 - experiences with SME lending
Insight 02 Oct 2018

The third round of the Royal Commissions hearings concerned lending practices to small and medium enterprises SMEs The hearings considered a range of case studies ...

AIFMD - the future of marketing to European investors
Insight 31 Jul 2015

The European Securities and Markets Association has published its initial advice and opinion on the functioning of the marketing passport and national private placement regimes since the implementation of AIFMD and the possibility of extending the marketing passport to non-European fund managers ...

UK Supreme Court counters High Court on penalties
Insight 19 Nov 2015

The highest appellate court in the UK has affirmed and restated the penalty rule as it applies in the UK in a recent decision that directly addresses and counters the High Court of Australias approach to the rule in Andrews Partner Nick Rudge and Lawyer Patrick Easton report ...

Major overhaul of Australia's foreign investment laws: what's new?
Insight 04 Dec 2015

The new package of legislation overhauling Australias foreign investment laws the first major revision in 40 years commenced on 1 December 2015 While many features of the previous regime have been retained and sometimes re-named there are also a number of significant changes Partners Jeremy Low ...

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 ...

'Tough cop' ASIC vs a Royal Commission
Insight 04 May 2016

Has talk of a royal commission turned the ASIC Capability Review into an unlikely catalyst for an enhanced enforcement agenda With Labor pushing hard for a royal commission into the banking and financial services industry and an election looming the Government moved swiftly to announce broad reform ...

Value capture and getting smart
Insight 30 Jun 2016

The Australian Government has identified value capture and innovative financing as key elements of its Smart Cities Plan The move will have significant implications for traditional project finance By Paul Kenny Sector Leader Government and Phillip Cornwell Project Finance Consultant at Allens ...

A reprieve for ASIC and APRA ... but not for the FCA
Insight 02 Jun 2016

ASIC and APRA often cop flak from various quarters including from us and so today for something different we train our sights on the Financial Conduct Authority in the UK What the FCA has said about providing personal advice to retail clients is interesting debatable and likely to induce a strong ...

Local issuers, international format
Insight 31 Aug 2016

At the same time as more international issuers appear to be looking at international programme formats for their Australian dollar issuance so Australian borrowers are contemplating the use of EMTN programmes even for their domestic currency issuance ...

Conflicts of interest and the duty to manage them
Insight 09 Aug 2016

The Corporations Act 2001 Cth was amended in 2004 to include an additional obligation for Australian financial services licensees to have in place adequate arrangements for the management of conflicts of interest that may arise in relation to the activities undertaken by the licensees in the ...

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