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Corporate law developments
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 ...
Has the ATO tolled the bell for demerger and acquisition scheme structures?
The Deputy Commissioner of Taxation has formally refused a request from AMA Group Limited for demerger relief in connection with a demerger and acquisition transaction involving private equity firm Blackstone casting doubt on the availability of capital gains and income-tax relief for transactions ...
Acquiring a business? How to 'transfer' social media accounts
Our IP team frequently assists with the sale or purchase of a business, advising on the scope of relevant IP to be transferred and how to transfer that IP ...
Last minute increase to scheme consideration - a more flexible approach?
A recent Federal Court decision shows a pragmatic approach by the court, in relation to takeover bids effected by way of scheme of arrangement ...
Australia's foreign investment regime - Budget changes
The Australian Government flagged a number of changes to Australias foreign investment regime in the 2017 Budget In a welcome development the changes seek to simplify an otherwise complex regime and encourage foreign investment in Australia Partner Wendy Rae and Associate Nick Kefalianos examine the ...
Parliament passes diverted profits tax legislation
Legislation to implement a diverted profits tax has passed the Federal Parliament ...
Withholding tax on the sale of Australian property by foreign residents exposure draft legislation released
Exposure draft legislation implementing the Federal Governments promise to introduce a 10 per cent non-final withholding tax on purchasers of certain types of taxable Australian property by foreign residents has been released for review and comment Partner Charles Armitage and Associate Scott Lang ...
Landholder duty risks associated with international transactions surface in Crocodile Gold case
Corporate mergers and acquisitions commonly involve changes to entities that comprise a corporate group the holding of property within that group and the ultimate beneficial ownership of that group Even if those changes occur entirely outside Australia Australian landholder duty may be payable and ...
Distressed debt M&A - share transfers without a scheme
The Supreme Court of New South Wales has given further guidance on the scope of its power to grant leave to a deed administrator to compulsorily transfer the shares of a company The decision in the matter of Nexus Energy Ltd subject to deed of company arrangement 2014 NSWSC 1910 confirms that this ...
Changes to the rules governing foreign investment in Australian agriculture
The Australian Government has announced that from 1 March 2015 acquisitions of agricultural land worth more than A15 million and any additional acquisitions over and above that amount will require government approval It will also establish a foreign ownership register of agricultural land ...