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Nucleus – 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. ...
Should the Takeovers Panel have jurisdiction over schemes?
On Friday, the government released its long awaited consultation paper on a proposal to transfer jurisdiction over schemes which effect a control transaction to the Takeovers Panel. This proposal was originally foreshadowed in last year's budget, and the government is seeking feedback on the proposal by 3 June 2022. ...
Private Equity Horizons 2022: volatility means opportunity
In PE Horizons 2021, we predicted the year could be one of, if not the, busiest years ever for dealmakers in Australia. Although our prediction proved to be correct, to the surprise of many, traditional PE investors had a relatively mixed ...
Regulating crypto: Government releases consultation paper on proposed licensing and custody requirements
The Federal Government is seeking feedback on a proposed new licensing regime for crypto asset secondary service providers (CASSPrs) and new requirements regulating custody of crypto assets. The new regime would potentially sit alongside the existing AFS licensing regime, with possible overlap and inconsistency in treatment of service providers. The Government is also seeking early views on how crypto assets should be defined and categorised as part of a 'crypto mapping' exercise. The consultation period runs until 27 May 2022. ...
Beware the stamp duty pitfalls of nominee clauses and resulting trust exemptions – discussion of the Victorian case of Hartman
The recent Victorian case of Hartman1 demonstrates the potential stamp duty dangers of relying on nominee clauses in transactions involving land (or other dutiable property). The VCAT decision highlights the importance of settling, if possible, on the identity of the ultimate transferee prior to execution of a contract and, above all, the need for developers and other purchasers of land to seek advice before relying on a nominee clause or otherwise seeking to transfer title to a third party. ...
Reminder – AUSTRAC compliance reports are due
With 2022 now in full swing and the due date for AUSTRAC compliance reports just around the corner (on 31 March 2022), we take a look at some recent changes to the form and how they will affect reporting entities. ...
Three things to consider with ESG investing
Alongside record flows into sustainable funds and investments, growing attention on ESG presents opportunities and challenges for investors and fund managers alike. Watch our latest video on key steps to harnessing the opportunities and mitigating the risks that ESG investing brings. ...
Proposed changes to FIRB approval rules
On 14 February 2022, the Government released proposed changes to the FIRB approval rules, in the form of an exposure draft of the Foreign Acquisitions and Takeovers Amendment Regulations 2022 which would amend the Foreign Acquisitions and Takeovers Regulations 2015. We outline and comment on the changes proposed. ...
Nucleus – corporate law developments: virtual meetings and e-signing lead a raft of changes coming in 2022
After an extremely busy end to the year, we are pleased to present our snapshot of corporate law developments to the end of 2021. We wish you all the very best for the Christmas and New Year break, and look forward to bringing you further developments through Nucleus in 2022. ...
Retirement income covenants (and egg metaphors)
The long-promised retirement income covenants are slated to come into effect on 1 July 2022. The proposed covenants are aimed at improving retirement outcomes, including by moving retirees away from a 'nest egg' mentality towards spending more in retirement – or 'hatching' the nest egg (to borrow the extended metaphor of APRA's Deputy Chair). ...