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12 January 2021
Executive remuneration and accountability – the revised APRA CPS 511 Remuneration
On 12 November 2020, the Australian Prudential Regulation Authority ( APRA ) released a revised draft Prudential Standard CPS 511 Remuneration for consultation ( Revised Draft CPS 511 ). The revised standard has moved away from the prescriptive requirements of the initial consultation draft,...
02 September 2020
ALRC takes a measured approach in its final report on corporate criminal responsibility
The ALRC’s final report on corporate criminal responsibility is lengthy and there is a lot to absorb for Government and the business community. We have outlined our key areas to watch on the proposed reforms. Against a poor record of corporate crime prosecutions in Australia, the ALRC was tasked...
23 July 2020
Director Identification Numbers and revamped Business Registries coming soon
All company directors (including those based overseas) will soon be required to register for a unique ‘Director Identification Number’ in a bid to crackdown on illegal phoenix activity. This requirement is likely to commence by mid-2021. Australia’s 35 existing business registries are set to be...
07 July 2020
Governance: Key considerations for effectively managing remuneration arrangements during the pandemic (Australia)
One of the many issues companies are facing in light of the Covid-19 pandemic is how best to appropriately remunerate, incentivise and retain employee and executive talent as the pandemic continues to unfold. This article sets out five key issues for listed companies and their remuneration...
09 June 2020
Governance: Changes to UK insolvency law could significantly reduce landlords’ recoveries in an insolvency process (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...
09 June 2020
Governance: Corporate Insolvency and Governance Bill: impact on supply chains and their customers (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...
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...
26 May 2020
Australian Federal Government eases continuous disclosure rules
Yesterday, the Australian Federal Government modified the continuous disclosure provisions of the Corporations Act 2001 (Cth) ( Corporations Act ) in an effort to provide temporary relief to companies and officers for a six month period from today.
22 May 2020
Insurance articles for The In-House Lawyer magazine, Spring 2020 edition
The insurance team at Herbert Smith Freehills has contributed two articles to the latest edition of The In-House Lawyer magazine. The articles consider important insurance issues that in-house lawyers should be aware of, especially in the current market.
13 May 2020
2019 Chambers Global Practice Guide on Shareholders' Rights & Shareholder Activism (Australia)
Herbert Smith Freehills’ partner Stefanie Wilkinson and senior associate Timothy Stutt have authored the Law and Practice section of the Chambers Global Practice Guide, Shareholders’ Rights & Shareholder Activism 2019 .
11 May 2020
COVID-19: Governance: AGMs and corporate reporting: managing disruption (UK)
Many UK listed companies are currently preparing for their AGM to take place during spring and summer 2020. In light of the 2019 novel coronavirus disease (COVID-19) and the current restrictions on movement and gatherings, they are having to consider the contingencies that need to be put in place...
10 February 2020
All together now: The important role that UK business has to play in wider society
In many jurisdictions there has been a considerable increase in focus on corporate governance issues in recent years. In particular, additional requirements have been introduced, or are being proposed, to the corporate governance landscape that seek to further widen social and stakeholder goals...
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20 December 2022
DEFRA ISSUES ENVIRONMENTAL TARGETS
On 16 December 2022, DEFRA issued its consultation response setting out the final form of the environmental targets required by section 1 of the Environment Act 2021. The targets were due to be adopted on 31st October 2022 but delayed to allow time to deal with a large volume of responses to...
20 December 2022
UK environmental law in 2023 – What to expect
It's now over a year since the Environment Act 2021 received Royal Assent. What progress has been made, and what should we be on the watch for in 2023? Our Real Estate Development Yule Blog takes a look at three areas of interest: mandatory biodiversity net gain ; environmental deadlines ; and the...
20 December 2022
WHISTLEBLOWING: THE GERMAN PARLIAMENT PASSES THE WHISTLEBLOWER PROTECTION ACT
Whistleblowers will be able to draw attention to violations of laws and regulations in companies and public authorities more easily and without fear of reprisals. This is the aim of a draft law by the federal government (20/3442), which the German Parliament passed on 16 December 2022 in a version...