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Proposed Changes to ASX Guidance Note 8 on Continuous Disclosure
The ASX has released a consultation paper on proposed changes to Guidance Note 8 related to analysts and investor briefings analysts forecasts consensus estimates and earnings surprises ...
What next after FATF's mixed review of Australia's anti-money laundering and counter-terrorism financing regime?
The Financial Action Task Force has released its report on the effectiveness of Australias anti-money laundering and counter-terrorism financing regime focusing on the extent to which it complies with international standards The reports findings and recommendations come at a key stage in the ...
ASIC's employee incentive scheme class orders - new and improved
After much anticipation ASIC has released new employee incentive scheme class order relief Partner Greg Bosmans and Special Counsel Gadi Bloch members of Allens Head Office Governance team report on the implications for listed and unlisted companies ...
The year to come for Australia's Anti-Money Laundering and Counter-Terrorism Financing regime
Having recently acquired a new CEO and a significant funding boost AUSTRAC is being closely watched by reporting entities for an indication of its future direction and priorities both at the policy and the enforcement level In light of this and with major review reports pending 2015 promises to be a ...
The best interests duties - process or outcome?
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 ...
Decision confirms limits on general meeting shareholder activism
A recent Federal Court of Australia decision has reaffirmed that a companys board of directors has the primary role in managing a company and that there are limits on shareholders legal ability to control that management Partner and Co-Leader of Allens Head Office Governance team Greg Bosmans and ...
100 member rule to be abolished
The 100 member rule for convening company meetings will be abolished under legislative amendments introduced into Parliament this week following consultation by the Federal Government on draft legislation earlier this year Proposed streamlining of remuneration disclosure obligations is also still ...
Directors' duties and the interests of 'APRA beneficiaries'
The interim report of the Financial System Inquiry FSI asks whether directors in different parts of the financial system should have different duties ...
ASIC's enforcement decisions - is litigation the most effective deterrent?
We have previously reported on ASICs submission to the Financial System Inquiry FSI and in particular its assertion that it needs a broader range of more onerous financial penalties in order to punish and deter corporate wrongdoing ASIC made similar submissions to the recent inquiry by the Senate ...
Thriving in an era of scrutiny: Culture and conduct
Legal and compliance leaders should act now to combat serious and increasing legal and reputational risk ...