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'Tough cop' ASIC vs a Royal Commission
Insight 04 May 2016

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 ...

Value capture and getting smart
Insight 30 Jun 2016

The Australian Government has identified value capture and innovative financing as key elements of its Smart Cities Plan The move will have significant implications for traditional project finance By Paul Kenny Sector Leader Government and Phillip Cornwell Project Finance Consultant at Allens ...

A reprieve for ASIC and APRA ... but not for the FCA
Insight 02 Jun 2016

ASIC and APRA often cop flak from various quarters including from us and so today for something different we train our sights on the Financial Conduct Authority in the UK What the FCA has said about providing personal advice to retail clients is interesting debatable and likely to induce a strong ...

Local issuers, international format
Insight 31 Aug 2016

At the same time as more international issuers appear to be looking at international programme formats for their Australian dollar issuance so Australian borrowers are contemplating the use of EMTN programmes even for their domestic currency issuance ...

Risk culture - 'an evolving area of supervisory practice'
Insight 03 Nov 2016

A director of a bank life company or general insurer who read APRAs recent information paper on risk culture could be excused for indulging in a wry smile Since mid-2015 he or she has been subject to legislative obligations concerning risk culture However the information paper suggests that APRA is ...

The ASIC Enforcement Review Taskforce unloaded
Insight 03 Nov 2016

The ASIC Enforcement Review Taskforce members and terms of reference have been announced The terms of reference are very broad and come as no surprise with an emphasis on evaluating the adequacy of ASICs enforcement toolkit We analyse the key themes that are likely to emerge ...

Australia - Fund Finance 2017, 1st Edition
Insight 24 Feb 2017

Fund financing facilities have continued to flourish in Australia providing sponsors general partners and trustees with additional funding flexibility and liquidity Allens Partner Tom Highnam Managing Associate Rita Pang and Associate Victoria Johns provide an overview of the funds sector current ...

Take care! Court confirms the devil in the details for PPSA registrations
Insight 10 Feb 2017

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 ...

The efficacy of e-signatures
Insight 08 Apr 2017

Allens has adopted e-signature using DocuSign as a service to clients. Senior Finance Counsel Diccon Loxton has written an article in two parts that examines the efficacy of e-signatures. ...

Ipso facto clauses, safe harbour for directors - our comments on the draft exposure legislation
Insight 10 Apr 2017

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 ...

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