551-560 of 591 results
Take Two: anti-bribery reforms revived and long-awaited draft regulatory guidance released
The Australian Government has tabled the Crimes Amendment (Combatting Corporate Crime) Bill 2019 (the 2019 Bill) in the Senate, and the Attorney-General's Department has released Draft Guidance on the steps a body corporate can take to prevent an associate from bribing foreign public officials for public consultation (the Draft Guidance). Like the 2017 version of the Bill that lapsed earlier this year (the 2017 Bill), if passed, the 2019 Bill will strengthen Australia's foreign bribery laws, including by introducing a new corporate offence of failure to prevent bribery by an associate, and will introduce a Deferred Prosecution Agreement (DPA) scheme for resolving serious corporate criminal matters. Partner Rachel Nicolson, Senior Associate Andrew Wilcock and Associate Lewis Winter report on the key differences between the 2017 and 2019 Bills, and the content of the Draft Guidance. ...
Round 5: Superannuation
Perhaps the biggest issue dealt with in the superannuation hearings is how various forms of conflicts create perverse incentives for trustees to not comply with their duties. ...
Round 2: Financial Advice
In her summary my colleague, Michelle Levy, said her initial reaction was that the recommendations in the Final Report were modest but, on a second reading, some would set a cat among the pigeons. ...
The beginning of the end of the unit trust's monopoly? A look at limited partnerships
Board of Taxation's report on tax arrangements applying to collective investment vehicles, released by the Federal Government on 4 June 2015. ...
Distressed debt M&A - share transfers without a scheme
The Supreme Court of New South Wales has given further guidance on the scope of its power to grant leave to a deed administrator to compulsorily transfer the shares of a company The decision in the matter of Nexus Energy Ltd subject to deed of company arrangement 2014 NSWSC 1910 confirms that this ...
Decision confirms limits on general meeting shareholder activism
A recent Federal Court of Australia decision has reaffirmed that a companys board of directors has the primary role in managing a company and that there are limits on shareholders legal ability to control that management Partner and Co-Leader of Allens Head Office Governance team Greg Bosmans and ...
Welcome changes to the derivative charging rules for superannuation trustees
The Government has recently made changes to superannuation law that helps clear the way for trustees of regulated superannuation funds to charge fund assets in order to enter into a broad range of exchange-traded and Over-The-Counter derivative transactions The changes are intended to make it easier ...
Thriving in an era of scrutiny: Culture and conduct
Legal and compliance leaders should act now to combat serious and increasing legal and reputational risk ...
Round 4: Experiences with financial services entities in regional and remote communities
During the agricultural round of hearings, and in his Interim Report, the Commissioner asked if there should be special rules for farmers to address the particular challenges of the sector, and if so, who should bear the added cost? ...
Another win for arbitration
The FCAFC has upheld an earlier decision rejecting an application to set aside or not enforce an international arbitral award. ...