51-60 of 840 results
The pitfalls of pre-emptive rights
In this Insight, we consider an alternative approach that may better balance the rights of selling and non-selling investors where a pre-emptive right remains appropriate. ...
New guidance for continuation fund transactions
The Institutional Limited Partners Association (ILPA) has released guidance on continuation funds. In this Insight, we discuss the key (and in some respects, novel) takeaways relevant to private equity sponsors and Limited Partner (LP) investments teams. ...
ASIC ramps up greenwashing-related regulatory interventions, targeting managed funds and ASX listed entities
ASIC's latest report, ASIC's recent greenwashing interventions (the Report), outlines its recent surveillance activities and regulatory interventions to tackle misleading marketing and greenwashing. ...
Design and distribution obligations for investment products – ASIC's latest expectations
ASIC has released Report 762 (the Report) following its recent review into how investment product issuers are complying with the Design and Distribution Obligations (DDO) regime. The report summarises ASIC's findings and highlights areas for improvement. ...
Security of payment: navigating state-level differences in insolvent contractors' rights
Comparing approaches to contractor insolvency and payment claims across jurisdictions ...
Breach reporting
In this Insight, we provide an overview of the Regulatory Guidance 78: Breach reporting by AFS licensees and credit licensees (RG 78) updates, and discuss some of the issues ASIC has left on the table for round two. ...
ASIC report on life insurance in superannuation
ASIC report on life insurance in superannuation and actions for superannuation trustees. In this Insight, we highlight further action superannuation trustees should be taking as identified in the Report against the backdrop of their regulatory obligations. ...
Laundy v Dyco – 'carrying on a business' when the law changes suddenly
The High Court, in recently considering the construction of a contract for the sale of the property and assets of a hotel business affected by the COVID-19 pandemic. We explain this important decision and its implications. ...
DDO conditional relief: facilitating the reissue of life insurance policies
In a welcome move for life insurers reissuing or reinstating certain life policies, ASIC has registered the ASIC Corporations Instrument 2023/183. In this Insight, we provide a brief overview of the purpose of the Instrument and the relief granted by ASIC. ...
Security of payment: contractor insolvency and debt recovery in NSW
The recently introduced section 32B of the Building and Construction Industry Security of Payment Act 1999 (NSW) (the Act) prevents companies in liquidation from either serving or taking action to enforce a payment claim made under the Act. ...