{"id":8593,"date":"2016-06-17T17:55:47","date_gmt":"2016-06-17T07:55:47","guid":{"rendered":"http:\/\/sites.thomsonreuters.com.au\/journals\/?p=8593"},"modified":"2016-06-17T17:55:47","modified_gmt":"2016-06-17T07:55:47","slug":"company-and-securities-law-journal-update-june-2016","status":"publish","type":"post","link":"https:\/\/sites.thomsonreuters.com.au\/journals\/2016\/06\/17\/company-and-securities-law-journal-update-june-2016\/","title":{"rendered":"Company and Securities Law Journal update: June 2016"},"content":{"rendered":"

*Please note that the links to the content in this Part will direct you to Westlaw AU. If you are using Checkpoint, the links can be found in the Checkpoint PDF <\/strong>at the bottom of this post.<\/p>\n

The latest issue of the Company and Securities Law Journal <\/em>(Volume 34 Part 4) contains the following material:<\/p>\n

EDITORIAL<\/a><\/p>\n

Articles<\/h3>\n

Sunlight as the disinfectant for phoenix activity<\/a> <\/strong>\u00e2\u20ac\u201c <\/em>Helen Anderson<\/p>\n

Over more than two decades, various inquiries initiated by government have struggled to come up with a definition of phoenix activity, as a step towards proscribing this troublesome and costly behaviour. At present, therefore, those who engage in this activity have only been brought to account by a patchworkof provisions spanning taxation, labour and corporate law. This article takes a lateral approach to tackling the phoenix issue by suggesting some structuraland practical changes to the present landscape. These are based on \u00e2\u20ac\u0153sunlight\u00e2\u20ac\u009d \u00e2\u20ac\u201c greater collection of information at the time of incorporation, sharing of thatdata between regulators, and public availability of information for those who risk being affected by phoenix activity. While these suggestions have recentlyfound favour with two government-initiated inquiries, Australia\u00e2\u20ac\u2122s pro-innovation, anti-red tape government has yet to publicly endorse or act upon these recommendations.<\/p>\n

To purchase this article, complete the Individual Article Sale<\/a> order form and email it to tlranz.journal.orders@thomsonreuters.com<\/a>.<\/p>\n

Embracing Myanmar\u00e2\u20ac\u2122s future: Reforming the 100-year-old Companies Act<\/a><\/em> <\/strong>\u00e2\u20ac\u201c <\/em>Dr Kath Hall, Dr Daw Than Nwe and Dr Khin Khin Oo<\/p>\n

This article discusses recent reforms to Myanmar\u00e2\u20ac\u2122s company law. It outlines the reform process and highlights key developments in the areas of incorporation, corporate structures and corporate governance. It then compares these developments to similar provisions within the Corporations Act 2001<\/em> (Cth) and the Companies Act 1993<\/em> (NZ) and concludes that the Myanmar reforms are an important step forward in creating regional consistency in company law.<\/p>\n

To purchase this article, complete the Individual Article Sale<\/a> order form and email it to tlranz.journal.orders@thomsonreuters.com<\/a>.<\/p>\n

The controversy continues: The case for regulatory reform on members\u00e2\u20ac\u2122 resolutions in Australia<\/a> <\/strong>\u00e2\u20ac\u201c <\/em>Ben Jacobsen and Howard Pender<\/p>\n

Australian corporate law reforms in the late 1990\u00e2\u20ac\u2122s retained provisions for shareholder proposals. Subsequent use by environmental and union groups gave rise to controversy about these provisions. Despite political attention in the following decade to elements of minority rights such as the \u00e2\u20ac\u0153100 shareholder\u00e2\u20ac\u009d rule, statutory provisions remained. However in recent activism on climate change fewer instances of minority shareholder resolutions are making annual general meeting agendas. Such an outcome may provide an indicator of the democratic status of the system of corporate governance \u00e2\u20ac\u201c with implications for accountability. Within the contemporary setting of corporate law the state of corporate democracy is explored using recent evidence from shareholder activism on climate change. A case is made for regulatory reform on minority resolutions.<\/p>\n

To purchase this article, complete the Individual Article Sale<\/a> order form and email it to tlranz.journal.orders@thomsonreuters.com<\/a>.<\/p>\n

COMPANY LAW<\/a> \u00e2\u20ac\u201c Robert Baxt AO<\/em><\/p>\n