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05 May 2021
Corporate Debt and Treasury Report 2021
Corporate Treasury Proves Resilient to COVID-19 Challenges and ESG Rises Up The Corporate Agenda For the seventh consecutive year, our Corporate Debt team has surveyed and interviewed treasurers and other senior finance professionals over 100 large UK listed corporates (and equivalents) for our...
06 November 2020
That’s Gold: Federal Court gives Gascoyne DOCA the green light
On 29 September 2020, the Federal Court of Australia published its much anticipated decision in Habrok (Dalgaranga) Pty Ltd v Gascoyne Resources Ltd [2020] FCA 1395, dismissing Habrok’s attempt to set aside a Deed of Company Arrangement ( DOCA ). The DOCA had been the culmination of a 15 month...
12 August 2020
Germany: DAC6 – The impact of the new EU Disclosure Rules on Lending Transactions
With effect from 1 July 2020, new mandatory disclosure obligations to tax authorities of certain cross-border arrangements have come into force in Germany. The new rules are based on the 6th EU Directive on Administrative Cooperation (“ DAC6 ”). Even though the underlying updated EU rules would...
09 July 2020
Pressure Points: A focus on security interests under the PPSA (Australia)
Like other crises that have come before it, both financial and otherwise, Covid-19 has impacted business revenue in almost all sectors. Government mandated social and business lockdowns in Australia and overseas have resulted in contracted liquidity and businesses needing to expend cash, tap...
24 June 2020
Pressure Points: Preparing for the ‘new norm’ of on and off restrictions
As most of Australia contemplates the ongoing easing of emergency measures taken by State, Territory and Commonwealth governments in response to Covid-19, Victoria has announced it will extend its state of emergency until at least 20 July after a spike in cases. Further away, cities in China and...
09 June 2020
Governance: Changes to UK insolvency law could impact secured and unsecured bank debt (UK)
Update ; The Corporate Insolvency and Governance Act 2020 commenced into effect on 26 June 2020. While the final provisions of the Act largely reflected the drafting of the original Bill, certain amendments were made including to: (i) improve the information available to certain pensions creditors...
18 May 2020
COVID-19: Pressure Points: Finance briefing (UK)
In recent weeks we have been working with many UK corporates to support their immediate liquidity needs and to plan ahead, ensuring businesses are in good position to weather the COVID-19 storm. In this briefing we provide a snapshot of our views of the latest UK corporate debt and treasury trends:
07 May 2020
COVID-19: Pressure points: The impact on development finance transactions (Australia)
Less than five months have passed since the existence of a new virus was reported to the World Health Organisation. The pandemic continues to expand, with confirmed cases of COVID-19, the disease caused by the coronavirus (SARS-CoV-2), soon to reach 4 million globally.
17 March 2020
COVID-19: Potential legal impact (Spain)
In recent days, different measures have been adopted to counter the exceptional situation generated in Spain by COVID-19, including Royal Decree 436/2020, of 14 March, which declares the state of emergency to tackle the health emergency caused by COVID-19 (" RD 463/2020 "). The situation is highly...
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30 June 2022
Asia-Pacific Competition Law Guide 2022
We are pleased to announce the launch of the sixth edition of Herbert Smith Freehills’ Asia-Pacific Competition Law Guide. Since the previous edition of the guide and in the context of the changes brought about by the COVID-19 pandemic, competition authorities across the Asia-Pacific region have...
29 June 2022
Trust Companies see cyber security as key business risk
Our survey confirms that trust companies continue to see cyber security as a key business risk. This is in line with companies in other areas: in IBM's 25 th edition of "The CEO Study", drawn from interviews with 3,000 CEOs worldwide, CEOs ranked cyber risk as their greatest organisational...
27 June 2022
Australia’s new employee stock ownership plan disclosure exemptions present a stark choice
New reforms designed to expand access to employee equity and reduce red tape by removing disclosure and other regulatory requirements will come into force in October – but the reality is they will present companies with a stark choice when offering equity in Australia to employees.
23 June 2022
Trust Companies Survey 2022: Beneficiary Disputes
Respondents continue to identify Beneficiary Disputes (ie disputes between the trustee and one or more of the beneficiaries) as a significant challenge. However, trustees' primary concerns remain in other areas, with Beneficiary Disputes ranking as the sixth most pressing issue. In this article, we...