331-340 of 708 results
The beginning of the end of the unit trust's monopoly? CCIV legislation and ASIC guidance
Avid readers of Unravelled over the past few years cannot have failed to notice that there are moves afoot to introduce two new forms of collective investment vehicle each promising a shiny tax-neutral alternative to the unit trust and hopefully saving Australian lawyers a lot of sleepless nights ...
First civil penalty order for breach of FOFA duties
The Federal Court recently imposed a 1 million civil penalty on a licensee for breaches by its representatives of the best interests and appropriate advice duties The penalties were the same amount that was agreed between ASIC and the licensee The decision is a reminder to financial services ...
ASIC publishes draft funds management guidance
ASIC has released draft updates to four existing Regulatory Guides and drafts of two new Regulatory Guides for managed investment schemes corporate collective investment vehicles and passport funds and announced a consultation period which will run until 8 December Partners Marc Kemp and Penny ...
ASIC recommends tougher corporate penalties
The ASIC Enforcement Taskforces latest consultation paper pushes for a tougher penalty regime for corporate and financial sector misconduct which has been key focus of the Taskforces Terms of Reference and indeed of ASICs reform agenda for some time Partner Belinda Thompson Senior Associate Michela ...
Welcome change to lessor disclosure statements in NSW
This Insight examines the welcome change from recent legislation in New South Wales that lessens lessor disclosure obligations for retail shop leases. ...
Getting the deal through: Project Finance 2018
Allens Partners Michael Ryan and Ben Farnsworth discuss some of the issues relevant to project finance in an Australian context including security packages navigating the Personal Property Security Register and foreign investment issues in their contribution to this global project finance roundup ...
Multisource financing: Making multiple options work
In an environment where Australian issuers especially from the infrastructure sector are actively seeking diversified funding options two Allens Partners - James Darcy and Scott McCoy - discuss the key structuring considerations for issuers and sponsors wishing to establish debt platforms to access ...
The Asia Region Funds Passport begins to take shape
Its been a busy few months for the development of the Asia Region Funds Passport In late August the Federal Government released exposure draft legislation to accommodate the introduction of the Passport in Australia Once implemented the Passport will allow fund managers from participating economies ...
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 ...
FX global code update
The FX Global Code was launched in Australia earlier this year and applies to market participants including most financial institutions bank asset managers brokers and E-trading platforms The Code sets out 55 best practice principles and although compliance is voluntary it is expected that these ...