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Global remedies for global transactions – what makes the ACCC take a different approach?
As global M&A activity surges, we address the challenges your global deal could face, focusing on the likelihood that the ACCC accepts additional and/or separate remedies to those provided to merger control agencies in other jurisdictions. ...
Transferring jurisdiction over schemes from the courts to the Takeovers Panel
In the federal budget, the Treasurer announced funding for a public consultation process to consider broadening the jurisdiction of the Takeovers Panel to include members' schemes of arrangement. The idea of transferring jurisdiction over schemes from the courts to the Panel is not a new one. ...
Nucleus – corporate law developments: ASIC leadership changes and other updates
ASIC leadership changes; ASX advises constitution amendments for CHESS replacement, and launches consultation on oil and gas reporting amendments; ACCC teams up with UK and German competition regulators on merger control; Federal Court upholds record diesel emissions penalty ...
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. ...
Nucleus – corporate law developments: ASIC 'no action' position on virtual meetings; legislative clarification on the definition of casual employee; and other updates
ASIC takes 'no action' position on virtual meetings but no such luck for electronic signatures; Fair Work Act amendments clarify the definition of casual employment; ASX Listing Rule amendments to commence from 5 June 2021; ASX updates Guidance Note 19: Performance Securities; Takeovers Panel remakes procedural rules; APRA provides guidance to ADIs on the use of indemnities in divestment transactions. ...
Vietnam merger control guide
Vietnam's new merger control regime took effect from 15 May 202. The new regime substantially expands the scope of transactions subject to the merger filing requirement and thereby captures more M&A transactions in Vietnam offshore. ...
Nucleus – corporate law developments: ASIC restricts effectiveness of certain director resignations; new ASIC whistleblower immunity policy; and other updates
ASIC restricts effectiveness of director resignations and introduces new whistleblower immunity policy; FIRB commences evaluation of changes to foreign investment laws; ACCC flags further reform of merger review process in 2021; lapsing of electronic signing and virtual meeting protocols ...
PE Horizons 2021
With strategic bidders and foreign government acquirers on the side lines, 2021 may be the busiest ever for PE dealmakers ...
Nucleus – corporate law developments: major FIRB law changes; ASIC extends relief for financial reporting and AGM requirements; and other corporate law developments
Major foreign investment law changes; ASIC extends relief for financial reporting and AGM requirements and issues guidance on design and distribution laws; ASX issues guidance to address 'earning surprises'; ACCC releases first digital platform inquiry interim report; and WA Supreme Court hands down decision with implications for legal professional privilege in internal emails. ...
Overview of Australia's foreign investment approval (FIRB) regime
Significant changes to Australia's foreign investment approval (FIRB) regime came into effect on 1 January 2021. Our FIRB experts have summarised the key information you need to know about how the new FIRB regime operates. ...