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Corporate law developments
Insight 08 May 2018

Welcome to our monthly snapshot of regulatory updates and other developments in corporate law We know you are busy so our focus is on capturing key issues ...

New opportunities for charities as 'directness' requirement ruled out
Insight 04 Sep 2014

The Federal Court has recently ruled that there is no requirement for a public benevolent institution to provide direct relief to people in need Its interpretation of the expression public benevolent institution theoretically has the potential to expand eligibility well beyond traditionally accepted ...

The best interests duties - process or outcome?
Insight 05 Feb 2015

Superannuation fund trustees and their lawyers including this one have been grappling for years with what the covenant in section 522c of the Superannuation Industry Supervision Act 1993 means What must a trustee do to exercise its powers and discharge its duties in the best interests of ...

Amendments reduce compliance burden for ASX-listed NZ companies
Insight 01 Sep 2015

ASX has released a number of proposed amendments to the ASX Foreign Exempt Listing Rules that will significantly lower both the ongoing compliance burden and the admission thresholds for New Zealand companies already listed or seeking a listing on ASX Partner Robert Pick Senior Associate Georgie ...

Risk management - what, if anything, does the 'three lines of defence' model do?
Insight 05 Nov 2014

From 1 January 2015 a new common risk management prudential standard will apply to banks general insurers and life companies and in many cases to other companies in the corporate groups in which those institutions sit Michael Mathieson looks at the three lines of defence model that APRA proposes to ...

Should APRA's prudential standard-making powers extend to directors' duties?
Insight 05 Nov 2014

In recent times APRA has been active in prescribing duties for directors of the institutions it regulates In light of what has happened it is worth asking should the question of directors duties be excluded from APRAs prudential standard-making powers ...

Sanctions: The 5 questions your board and executives should be asking in 2017
Insight 16 Mar 2017

Australian boards and senior executives are expected to maintain oversight of risk and compliance issues including bribery, sanctions, human rights and anti-money laundering. ...

Anti-bribery laws and deferred prosecution agreements
Insight 20 Apr 2017

The Australian Government is via two new consultations proposing wide-ranging reforms to tackle the challenges that it faces in detecting and prosecuting serious corporate crime ...

Reporting significant breaches - or something that may (or may not) be a breach?
Insight 05 May 2017

The Taskforce established by Treasury to consider ASICs enforcement powers released its first consultation paper a few weeks ago on breach reporting We examine the most significant of the Taskforces 12 preliminary positions ...

UK's Financial Conduct Authority report into asset management: guidance for future direction
Insight 06 Jul 2017

ASIC often looks to overseas regulators for inspiration So when a particularly influential regulator publishes a comprehensive report about a large segment of its regulated population including possible new areas for regulation it can pay to take note because it may be a guide to the future ...

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