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Ipso facto clauses, safe harbour for directors - our comments on the draft exposure legislation
The Federal Government has released draft exposure legislation designed to facilitate company reconstructions Senior Finance Counsel Diccon Loxton Senior Associate Alicia Salvo and Associate Frances Navarro-Towan discuss some of the implications and issues ...
Take care! Court confirms the devil in the details for PPSA registrations
In a recent case a leasing company lost 23 million worth of leased equipment because it had registered the lease against the lessee companys ABN rather than its ACN - involving just two extra digits The equipment vested in the lessee company when it went into voluntary administration The court ...
Innovative Superannuation Income Streams - at last
Earlier today Treasury released exposure draft regulations for Innovative Superannuation Income Streams They set out income stream standards that will be relevant for products such as deferred annuities and group self-annuitised products The Allens Superannuation team reports ...
2017 Budget: increased scrutiny on competition and accountability in the financial system
Treasurer Scott Morrison this week announced that he has tasked the Productivity Commission to review the state of competition in Australias financial system The Budget has also included other measures focused on competition in the financial sector including funding to establish a dedicated ACCC ...
Federal Court sheds new light on public benefit test in Tatts/Tabcorp merger appeal
The Federal Courts decision about the proposed TabcorpTatts merger has provided significant clarification about the public benefit test for authorisations This is timely in light of the legislation before the Senate that proposes to combine the Tribunal authorisation process with the formal ACCC ...
Federal Government's bold vision for data availability and use
The Federal Governments response to the Productivity Commissions report on data availability and use released this week outlines a bold vision but has a surprising lack of detail suggesting implementation is likely to be some way off If legislation is introduced the new regime will result in a ...
Asia Region Funds Passport Bill introduced
After extensive consultation the Corporations Amendment Asia Region Funds Passport Bill was introduced into Parliament delivering on Australia's commitment as set out in the Asian Region Funds Passports Memorandum ...
Counsel Assisting the Royal Commission alleges significant superannuation misconduct
The list of alleged breaches are divided into breaches of the SIS Act the Corporations Act and the ASIC Act we consider each of these and what it might mean ...
ASIC's allocations project - guidance from abroad
ASIC is examining the allocations process in capital raising transactions We report on ASICs allocations project and the influences that the regulators in the UK and in Europe may have on the project ...
'Tough cop' ASIC vs a Royal Commission
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 ...