Our most recent Corporate articles are listed below:
06 August 2008
Basis Capital v BT: Investor’s rights to application and redemption monies
A recent decision by the New South Wales Supreme Court in Basis Capital v BT shows that the rights of investors and members in a registered managed investment scheme are highly dependent on the facts, the nature of the financial products offered and the administration and drafting of the constitution and product disclosure statement of the scheme.
15 July 2008
New ASIC disclosure requirements for unlisted mortgage schemes
On 8 July 2008 ASIC released a consultation paper and draft regulatory guide outlining proposed enhanced disclosure requirements to retail investors by unlisted mortgage schemes and proposing a benchmark-based disclosure model.
15 July 2008
New ASIC disclosure requirements for unlisted property schemes
ASIC Consultation Paper 100 seeks submissions on a draft regulatory guide titled Unlisted property schemes—improving disclosure for retail investors (Guide).
30 June 2008
India Update June 2008
In this edition of the India Update we cover issues including entry options for foreign investors, sovereign wealth funds investing in India, the liberalisation of overseas investments in energy and natural resources sectors and the latest M&A deals.
05 June 2008
Restructuring stapled trusts
The New South Wales Budget, released this week, included a stamp duty exemption for ‘top-hatting’. This removes another barrier to stapled groups restructuring under a single entity.
26 May 2008
India Update May 2008
In this edition of the India Update we cover issues including the REIT Regulations, Foreign Direct Investment in the Indian real estate sector, and the Australia-India Free Trade Agreement.
22 May 2008
Equity Capital Markets Update May 2008
In this edition of the Equity Capital Markets Update, we consider a new class order issued by ASIC which facilitates non-traditional rights issues without a prospectus or PDS, and an update on the application of the Anti-Money Laundering and Counter Terrorism Finance Act to offers of securities.
13 May 2008
India Update April 2008
In this edition of the India Update we cover issues including the increase in foreign investment limits in key sectors, the new mining policy tabled in Parliament, the new city gas pipelines regulations notified, the activity expected on competitive bids for coal blocks, and the gearing up of companies for legal battles concerning derivates.
20 March 2008
India Update March 2008
In this edition of the India Update we cover issues including the Indian Government’s restriction of foreign investment, key highlights of the 2008 Indian Budget, and private equity investments in India.
31 January 2008
Schemes Takeovers and Himalayan Peaks
Schemes of arrangement have been used successfully to achieve some of Australia's largest corporate mergers, yet they remain controversial. Schemes, Takeovers and Himalayan Peaks, co-written by Freehills partner Tony Damian, explores the use of schemes of arrangement to effect change of control transactions.
31 January 2008
Takeovers Law & Strategy
Now in its second edition, Takeovers Law & Strategy has become a popular guide for lawyers, investment bankers and company executives.
19 December 2007
The danger of referring to legal advice – a rich and complex vein
Corporations, directors and legal counsel often desire, and for good reason, to refer to the fact that legal advice has been taken in relation to a particular issue or dispute.
13 December 2007
Equity Capital Markets Update December 2007
In this edition of the Equity Capital Markets Update, we consider ASIC’s recent consultation paper in relation to undocumented rights issues and other developments during 2007.
30 October 2007
Victorian miners now require a Community Engagement Plan
In August 2006, the principles of ‘sustainable development’ were introduced into Victoria’s mining legislation, the Mineral Resources (Sustainable Development) Act 1990. In support of these principles, the Act now includes a duty to consult with the community throughout the period of a mining or exploration licence, and requires licensees to prepare Community Engagement Plans.
05 September 2007
NOHC, NOHC — Who’s there? — The Federal Government
The Federal Government has stepped in to help Australian financial services groups compete alongside their offshore counterparts.
05 September 2007
Panel continues to act on Truth in Takeovers
Following on the heels of its decision in Re Summit Resources Limited, the Takeovers Panel has recently handed down another decision, this time in the context of CEMEX’s takeover bid for Rinker Group Limited, which highlights the Panel’s view of the importance of the ‘Truth in Takeovers’ principles.
05 September 2007
Mix it and match it: the Symbion approach
Companies with a number of different divisible businesses often face a dilemma when they receive an approach from a consortium to acquire all the company’s shares—are we getting the best price we can for all the businesses? Sometimes an extended auction process can be established to test the market for all the businesses. Symbion Health recently undertook an innovative approach to this type of situation.
04 July 2007
Equity Capital Markets Update July 2007
In this month's ECM Update, we consider the recently enacted changes to fundraising laws, and the Assistant Treasurer’s announcement in relation to the taxation treatment of rights in the context of capital raisings.
18 May 2007
ASIC’s joint bids policy revised
The Australian Securities and Investments Commission released its revised policy on joint bids on 28 March 2007.
18 May 2007
Equity Capital Markets Update May 2007
In this month's ECM Update, we consider recent proposals to reform fundraising laws; the implications of climate change for companies proposing to list or undertake a fundraising; and ASIC’s views on the need for prospectus or PDS level disclosure in corporate restructures.
