In Short -
The Situation: The Australian Securities and Investments Commission ("ASIC") recently released its update on corporate finance regulatory activities for the third quarter of 2022....more
Practice Points for Schemes of Arrangement -
Uncertainty in earn-out consideration. ASIC raised concerns where target shareholders were being asked to vote on a scheme—which involved earn-out consideration—where there was...more
ASIC has released its third quarter update on corporate finance regulatory activities. From an M&A perspective, the update includes ASIC's observations on its public M&A deal statistics, outlines ASIC's recent concerns in M&A...more
9/29/2021
/ ASIC ,
Australia ,
Corporate Finance ,
Corporate Sales Transactions ,
Financial Services Industry ,
Foreign Corporations ,
Insider Trading ,
Internal Controls ,
International Tax Issues ,
Policies and Procedures ,
Takeovers ,
Withholding Tax
On 10 August 2021, the Australian Parliament passed the Treasury Laws Amendment (2021 Measures No. 1) Bill, which will permanently reform its continuous disclosure regime and related prohibitions on misleading conduct by...more
Following in the footsteps of its international counterparts, the Australian Prudential Regulation Authority ("APRA") is ramping up its guidance on the management of climate-related risks.
On 22 April 2021, APRA released...more
The Situation: It is increasingly common for Australian class actions to be brought by private plaintiffs at the same time as regulatory proceedings are brought by Australia's corporate, competition and other regulators in...more
KEY LEGAL AND REGULATORY DEVELOPMENTS -
Legislative and Regulatory Reform -
Permanent reforms in respect of virtual meetings and electronic execution -
On 19 October, the Federal Government released for...more
11/18/2020
/ ASIC ,
Australia ,
Australian Securities Exchange (ASX) ,
Bankruptcy Reform ,
Commercial Bankruptcy ,
Coronavirus/COVID-19 ,
Corporate Restructuring ,
Federal Budget ,
Financial Regulatory Reform ,
FIRB ,
Regulatory Reform ,
Relief Measures ,
The Corporations Act ,
Virtual Meetings
Australia's corporate regulator has released its Corporate Plan, which outlines its strategic litigation goals and governance initiatives over the next four years.
On 31 August 2020, the Australian Securities and...more
The Situation: Australia's corporate regulator, the Australian Securities and Investments Commission ("ASIC") brought proceedings against two former directors of Tennis Australia ("TA") alleging that they engaged in numerous...more
Liability for companies launching an Australian IPO or takeover changed significantly this year—with not so much as a murmur of protest from the market. Due diligence just got more important, but the reason may surprise...more
10/3/2019
/ Acquisitions ,
ASIC ,
Board of Directors ,
Corporate Criminal Fines ,
Corporate Financing ,
Criminal Liability ,
Foreign Acquisitions ,
Initial Public Offering (IPO) ,
Mergers ,
Prospectus ,
Publicly-Traded Companies ,
Takeovers
The Situation: The Australian Securities and Investments Commission ("ASIC") recently released its report on its corporate finance regulatory activities for the first half of 2019.
The Result: While ASIC's report makes...more
10/3/2019
/ Acquisitions ,
ASIC ,
Australia ,
Board of Directors ,
Controlled Transactions ,
Corporate Financing ,
Cross-Border Transactions ,
Foreign Acquisitions ,
Mergers ,
Publicly-Traded Companies ,
Scheme of Arrangement
The Australian Securities and Investments Commission ("ASIC") recently released the "ASIC regulation of corporate finance: January to June 2018" report that demonstrates ASIC's increased preparedness to take action on...more