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Statutory assumptions for lenders dealing with companies - useful but are they limited?
Insight 03 Feb 2014

This Insight examines the use of statutory assumptions under S129 of the Corporations Act by banks and others, in light of a recent decision of the NSWCA. ...

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 ...

Environmental bond and mine rehabilitation reform in Queensland
Insight 15 May 2017

Major reforms to environmental bonds and rehabilitation requirements are proposed in two discussion papers released by the Queensland Government All mining sector operators should understand how the reforms will impact their current and proposed operations Partner Bill McCredie and Senior Associate ...

ASIC sell-side research consultation and proposed regulatory guidance
Insight 04 Jul 2017

ASICs new regulatory guidance focuses on managing conflicts of interest and material non-public information when providing sell-side research As well as providing extensive guidance on managing conflicts of interest during the capital raising process ASIC provides its views on payment of ...

Investing in consumer lending in Vietnam
Insight 18 Jul 2017

Vietnam continues to be an attractive destination for foreign investors As well as raising capital from equity investors both Vietnamese and foreign-invested enterprises continue to require foreign debt capital in the form of loans from overseas banks to establish and grow their businesses here ...

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 ...

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. ...

AIFMD - the future of marketing to European investors
Insight 31 Jul 2015

The European Securities and Markets Association has published its initial advice and opinion on the functioning of the marketing passport and national private placement regimes since the implementation of AIFMD and the possibility of extending the marketing passport to non-European fund managers ...

Updated guidance on conflicted remuneration and other banned benefits
Insight 07 Dec 2017

Earlier today ASIC released an updated version of Regulatory Guide 246 concerning conflicted remuneration and other banned benefits such as volume-based shelf-space fees The changes are largely to address the life insurance remuneration reforms which take effect on 1 January 2018 But there are other ...

Unitranche financing in the Australian market
Insight 04 Dec 2017

As regulatory and political pressure increases on the major banks in Australia alternative credit providers are entering the market with a variety of products to attract borrowers The unitranche loan is an example of one such product Partner Warwick Newell Senior Overseas Practitioner Alex Tonkin ...

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