171-180 of 585 results
If in doubt, get the whitewash out
The High Court's first decision on the financial assistance prohibition in section 260A of the Corporations Act supports a conservative approach to the prohibition, and in particular highlights the danger of 'taking a view' on the no material prejudice exception. ...
Allens advises Cerberus on acquisition of specialist SME lender
The partnership between Cerberus and the Axsesstoday management team is Cerberus' second successful acquisition in Australia. In 2018, it acquired Bluestone Group's Australasian mortgage lending an ...
All that glistens isn't Goldsky – key learnings from the ASIC v Goldsky decision
The recent case of ASIC v Goldsky Global Access Fund raises a number of compelling questions (some of which we explore below), and fund managers would do well not to place too much stock in the judgment in support of arguments that a trustee of a wholesale fund may act as trustee with the benefit of ...
Inducements in the corporate superannuation sector – guidance misses the mark
There are considerable problems with some guidance that was published a few months ago on section 68A ('no treating of employers') of the Superannuation Industry (Supervision) Act 1993. Michael Mathieson and Ally Crowther report. ...
ASIC Corporate Governance Taskforce Report
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. ...
No safe harbours for mortgage brokers in latest reforms
Hot on the heels of its Implementation Roadmap, the Federal Government has released draft legislation introducing a best interests duty and banning conflicted remuneration for mortgage brokers. ...
Would you like financial services with your social network? Facebook consortium to launch new cryptocurrency
In a bold new play, a consortium led by social media giant Facebook has announced plans to enter the financial services sector through the launch of a cryptocurrency called Libra. Both a currency and a blockchain backed payment system, the project could have a profound impact on the financial servic ...
Treasurer's 'Roadmap' more a reminder than an explainer
The Treasurer, the Honourable Josh Frydenberg, released the Government's 'Implementation Roadmap' today to 'provide clarity and certainty' about the Government's ongoing work to implement the recommendations of the Royal Commission ...
Superannuation trustees get prepared, as first reporting date to disclose portfolio holdings approaches
After many years of deferrals, the first reporting date for superannuation funds to disclose their portfolio holdings is fast approaching, with trustees being required to disclose item-by-item investment holdings by late March 2020 ...
Digital Platforms Inquiry Final Report released; Takeovers Panel considers board discretions and process deed disclosure requirements; and other corporate law developments
Digital Platforms Inquiry Final Report released, Takeovers Panel considers board discretions and process deed disclosure requirements and other corporate law developments ...