11-20 of 43 results
Expansion in scope of transactions subject to FIRB approval rules
In this Insight, we look at the changes and comment on what they mean for transactions. The changes to the SOCI Act also have operational implications for many businesses – which we will separately publish on. ...
Linklaters Insights: Booming foreign investment in data centres faces regulatory heat
Data centres, the warehouses underpinning the digital aspects of our working and home lives, have become red hot assets, with investors piling into the sector – and regulators in the West signalling their readiness to closely scrutinise foreign investment (FI). ...
Further security of critical infrastructure developments announced
The Parliamentary Joint Committee on Intelligence and Security (Joint Committee) has recommended that businesses responsible for Australia's critical infrastructure be subjected to expanded governance assistance measures as a matter of urgency. If adopted, the recommendations would see the proposed Security Legislation Amendment (Critical Infrastructure) Bill 2020 (Draft Bill) separated into two bills. ...
Changes to FIRB Guidance Notes
The Australian Government has finalised and released legislation to make major changes to Australia's foreign investment laws – commonly known as the 'FIRB regime' – with effect from 1 January 2021. This Insight summarises the key changes to the FIRB regime. ...
Mandatory FIRB approval thresholds for acquisitions in Australian entities
On, 1 January 2021 significant changes came into effect to Australia's (FIRB) remine. To help you navigate the complexities of these new rules we have compiled a summary of the thresholds for determining whether a proposed acquisition of equity interests triggers an obligation to obtain 'FIRB approval' under the Foreign Acquisitions and Takeovers Act 1975 (Cth) (FATA). ...
Allocating FIRB completion risk in public M&A deals
One of the issues a target board will need to consider when assessing a takeover by a foreign bidder is the mitigation of FIRB completion risk in the transaction, and the appropriate allocation of any residual risk between the bidder and the target. This is particularly an issue where the target's business includes critical infrastructure or raises national security issues. ...
FIRB regime updates: what you need to know
Webinar: FIRB regime updates: what you need to know ...
Major FIRB reforms to commence on 1 January 2021
The Australian Government has finalised and released legislation to make major changes to Australia's foreign investment laws – commonly known as the 'FIRB regime' – with effect from 1 January 2021. This Insight summarises the key changes to the FIRB regime. ...
Australian foreign investment national security reforms – moneylending exemption survives, substantially intact
As part of the national security reforms the Government had proposed to revoke the moneylending exemption in the case of security over a 'national security business'. This would have required foreign lenders to apply to the Foreign Investment Review Board for approval or exemption before undertaking routine loan participations. ...
Proposed updates to security of critical infrastructure legislation
As part of a broader strategy to strengthen the security of Australia's infrastructure, particularly cybersecurity , the Government has released exposure drafts of its Security Legislation Amendmen ...