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ASIC Corporate Governance Taskforce Report
Insight 04 Oct 2019

ASIC has released its first report focusing on director and officer oversight of non-financial risk in seven large financial services companies (the First Report). While the report focuses on financial services companies, ASIC points out expressly that all companies, regardless of sector, should read and engage with the findings of this report. ...

Take Two: anti-bribery reforms revived and long-awaited draft regulatory guidance released
Insight 04 Dec 2019

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Corporate Crime) Bill 2019 (the 2019 Bill) in the Senate, and the Attorney-General's Department has released Draft Guidance on the steps a body corporate can take to prevent an associate from bribing foreign public officials for public consultation (the Draft Guidance).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and Associate Lewis Winter report on the key differences between the 2017 and 2019 Bills, and the content of the Draft Guidance. ...

Agency arrangements alright - ANZ and Flight Centre succeed in appeals
Insight 31 Jul 2015

The Full Federal Court today handed down its decisions in two high-profile appeals in relation to ANZ and Flight Centre Both cases dealt with the issue of distribution arrangements and price fixing Partner Carolyn Oddie and Associate Theodore Souris look at the implications for business ...

ASIC tweaks employee incentive scheme relief
Insight 12 Nov 2015

Various amendments to ASICs employee incentive scheme class order relief have now come into effect Described by ASIC as minor and machinery in nature the clarifications and improvements were prompted in part by market feedback Partner Greg Bosmans looks at the changes ...

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 ...

New corporate laws to improve doing business in Vietnam
Insight 11 Mar 2015

A new Law on Enterprises aimed at making it easier to do business in Vietnam implements key changes to the regulation of all companies operating in Vietnam and will allow companies greater freedom in the activities they may conduct Partners Linh Bui and Robert Fish Senior Associate Chi Ha and ...

ASIC releases paper on collective action by institutional investors
Insight 26 Feb 2015

ASIC has released its consultation paper on collective shareholder actions which calls for feedback on a draft update to Regulatory Guide 128 The consultation paper illustrates ASICs current albeit preliminary views on the tension between fostering increased investor engagement on the one hand and ...

Sensible changes proposed to the Australian taxation of ESS interests
Insight 27 Mar 2015

Sensible changes have been proposed to the taxation of employee share schemes in the new tax legislation before parliament. ...

ASIC Register of Financial Advisers: will it raise quality of advice and standards?
Insight 05 Mar 2015

The Federal Government has announced that ASIC will establish a public register of financial advisers, intended to benefit consumers, who will be able to check that their adviser is appropriately authorised and qualified before receiving personal advice. ...

ASIC to seek recovery of investigation costs
Insight 31 Jul 2015

This week ASIC flagged a change in its approach to the exercise of its power to make orders to recover expenses and costs associated with investigations Information Sheet 204 indicates that ASIC will be making greater use of this power to seek recovery of its costs from individuals and companies ...

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