Australian Securities and Investments Commission (ASIC)
The Corporations Amendment (Crowd-sourced Funding) Bill 2016 (Cth), which is currently before the Commonwealth Senate, plans to amend the Corporations Act 2001 (Cth) to deal with an increase in crowd-sourced capital-raising activities by companies within Australia. A more detailed exposition and analysis of the proposed Bill is contained within the latest issue of the Company and Securities Law Journal in Catie Moore, “Equity Crowdfunding ...more
The latest Part of the Company and Securities Law Journal includes the following articles: “War on two fronts: Harmonising the public and private enforcement of Australia’s corporate disclosure laws” – Nicholas Bentley; “Managed investment schemes: Liability of directors of responsible entities where the responsible entity breaches the law” – Dr Rosemary Teele Langford. This issue also includes the following sections: Editorial; Company Law – Robert Baxt AO: “An analysis of shareholder resolutions involving Australian listed companies from 2004 to 2013” – Hui Xian Chia and Ian Ramsay; Corporate Insolvency – Helen Anderson: “ASIC, Phoenix activity and the view from the outside” – Helen Anderson, Ian Ramsay and Michelle Welsh; Corporate Governance, Corporate Responsibility and Law – Jean du Plessis: “Independent director requirements in Australia and the Asian region” – Luke Nottage and Fady Aoun.
The latest Part of the Company and Securities Law Journal includes the following articles: “The who, why and what of enforceable undertakings accepted by the Australian Securities and Investments Commission” – Helen Bird, George Gilligan and Ian Ramsay; and “Safe harbour or shipwreck? A critical analysis of the proposed safe harbour for insolvent trading” – Carmen Boothman. This issue also includes the following sections: Company Law – Robert Baxt AO: “Babcock & Brown’s last hurrah: The latest on dividends and continuous disclosure” – Jonathan M Cheyne; “Has the introduction of civil penalties increased the speed and success rate of directors’ duties cases?” – Jasper Hedges and Ian Ramsay; and Directors’ Duties – Rosemary Teele Langford: “The Corporate Culture Chameleon: Reflections and reporting” – Rosemary Teele Langford.
The latest Part of the Australian Business Law Review includes the following articles: “Investigating the goodwill issue in franchising: An exploratory analysis” – Maurice Roussety, Lorelle Frazer and Evan Douglas; “Registration errors, priority rules and the policy behind the PPSA: In pursuit of certainty or fairness?” – Linda Widdup; “Misleading premium claims” – Stephen Corones; and “Forensic accounting: Professional regulation of a multi-disciplinary field” – Jeanette Van Akkeren, Sherrena Buckby and Julie-Anne Tarr. Also in this Part are the following sections: Competition Law and Market Regulation: “Recent successes for the Australian Competition and Consumer Commission” – Robert Baxt AO; Company Law and Securities: “Assessing the capabilities of the Australian Securities and Investments Commission and other issues” – Robert Baxt AO.
The latest Part of the Company and Securities Law Journal includes the following articles: “Legislating for co-operative identity: The new co-operatives national law in Australia” – Ann Apps; “Corporate and personal liability for ‘culture’ in corporations?” – John HC Colvin and James Argent; and “Are directors liable in negligence for misstatements in a prospectus?” – Victoria Stace. This issue also includes the following sections: Corporate Governance, Corporate Responsibility and Law – Professor Jean Jacques du Plessis: “Disclosure of non-financial information: A powerful corporate governance tool”; Directors’ Duties: “Corporate culpability, stepping stones and Mariner: Contention surrounding directors’ duties where the company breaches the law” – Dr Rosemary Teele Langford; and a Book Review: “Directors’ Duties: Principles and Application” – JH Farrar.
The latest Part of the Company and Securities Law Journal includes the following content: “Can an Australian company use a dispute resolution clause in its constitution to bar shareholder class actions?” – James Emmerig; “Public interest litigation under s 50 of the Australian Securities and Investments Commission Act 2001 (Cth): The case for amendment” – Tony Johnson; “Banning, disqualification and licensing powers: ACCC, APRA, ASIC and the ATO – Regulatory overlap, penalty privilege and law reform” – Tom Middleton; and the following sections: Corporate Insolvency: “Recovery from Ponzi scheme investors: New Zealand’s Fisk v McIntosh  NZHC 1403” – Trish Keeper; and Overseas Notes: New Zealand: “New Zealand rejects peak indebtedness” – Barry Allan.