13 March 2020
Japan - Australia M&A: Review and Trends (2017-2020)
This is the third year we have comprehensively reviewed the year’s Japan-Australia M&A deals and trends. Our findings and the trends remain consistent. Year on year there are more deals, more dollars and growing sector diversity. All indicators at present suggest that this trend should continue...
11 March 2020
And finally …. the foreign financial service provider (FFSP) licensing reforms are confirmed
Yesterday, the Australian Securities & Investments Commission ( ASIC ) released a much anticipated update, setting out its finalised position in relation to the foreign financial service provider ( FFSP ) reforms.
28 February 2020
Important changes in the AFSL landscape
The Australian financial services license ( AFSL ) landscape has just shifted under your feet. The Australian Securities & Investments Commission ( ASIC ) now requires all new and current applicants for the grant or variation of an AFSL to satisfy a ‘fit and proper person test’ in relation to...
14 February 2020
Federal Court provides helpful guidance on a range of AFSL concepts
On 5 February 2020, the Federal Court of Australia handed down its decision in Australian Securities and Investments Commission v One Tech Media Ltd  FCA 46 ( One Tech Media ). The Court found that One Tech Media Limited ( One Tech ), Allianz Metro Pty Ltd ( Allianz Australia ) and others had...
06 February 2020
Australian privacy law reform and review announced
On 12 December 2019, the Australian Government announced its response to the Australian Competition & Consumer Commission’s ( ACCC ) Digital Platform Inquiry. Despite the Inquiry’s name, only 1 of the 11 recommendations in the report about data practices is targeted at digital platforms.
24 January 2020
Financial Accountability Regime to introduce obligations on RSE licensees and insurers
Reforms proposed by the Government this week will impose significant obligations on registrable superannuation entity licensees and insurers. These reforms will also have implications for banks that are already subject to the Banking Executive Accountability Regime ( BEAR ).
20 December 2019
ASIC consults on draft regulatory guide for design and distribution obligations
ASIC has released Consultation Paper 325 Product design and distribution obligations ( CP 325 ), on its proposals for guidance on the design and distribution obligations in Pt 7.8A of the Corporations Act 2001 (Cth) ( DDO ).
17 December 2019
Design and distribution obligations: regulations made
The Government has made the Corporations Amendment (Design and Distribution Obligations) Regulations 2019 ( Regulations ), relating to the Treasury Laws Amendment (Design and Distribution Obligations and Product Intervention Powers) Act 2019 ( DDO ).
11 December 2019
Big data is transforming investigations
Big data is rapidly changing the way in which regulators and law enforcement conduct an investigation and build a case. New technology reduces compliance costs, but also increases regulatory expectations of businesses' monitoring, detection and reporting capabilities. And, as technology evolves,...
12 November 2019
Casting the regulatory net over virtual assets – SFC finalises new regulatory framework for virtual asset trading platforms
On 6 November 2019, the Security and Futures Commission ( SFC ) issued a position paper setting out a new regulatory framework for the licensing of centralised virtual asset trading platforms, following the SFC’s conceptual framework issued last year.
06 November 2019
To infinity and beyond: The Fairness Doctrine
The implications of the recent Full Federal Court decision in ASIC v Westpac Securities Administration Limited  FCAFC 187 ( ASIC v Westpac ) are far-reaching for the financial services industry. The case is, of course, a significant development in the laws concerning the parameters of general...
01 November 2019
Hong Kong SFC’s new electronic data requirements place MICs and cloud services in the spotlight
Yesterday, the Hong Kong Securities and Futures Commission ( SFC ) published a circular ( Circular ) on the use of electronic data storage providers ( EDSPs ) by licensed corporations ( LCs ).
09 September 2020
Current trends and future outlook for PPPs in Russia
Russian PPP market in 2020: six years retrospective Six years’ timeframe, a period which coincides with a presidential term, may be a retrospective prism to analyse the PPP market in the road sector in Russia through the developments of its significant projects. Where they were in 2014 and where...
09 September 2020
Launch of first Guide to Dispute Resolution and Governing Law in Russia
Recent changes to Russian law have caused a degree of uncertainty amongst clients as to what they can and cannot do when transacting with Russian parties or in transactions involving Russian entities. This is particularly true surrounding the dispute resolution and governing law clauses that they...
09 September 2020
THE REAL ESTATE M&A AND PRIVATE EQUITY REVIEW - THE 5TH EDITION: RUSSIA CHAPTER
In the boom years, Russia was one of Europe's largest property markets, with investment volumes of US$8 billion–US$10 billion annually; the figure briefly decreased during the 2008–2009 financial crisis. However, a downward trend on the property market began in 2014 in sync with the political...
08 September 2020
Exploring opportunities: M&A - back but different (Global)
Rarely have events accelerated so rapidly or so radically as they have in the course of the Covid-19 pandemic. We expect the crisis to operate as a catalyst for change and, as a result, there will be opportunities for those with capital to invest or a desire to expand. In this briefing we look at...
08 September 2020
Pressure Points : Le dispositif de financement de commandes garanti par l’Etat est lancé ! (France)
L'arrêté pris pour l’application de l'article 6, VI quater de la loi n° 2020 289 du 23 mars 2020 de finances rectificative pour 2020 vient d’être publié 1 . Pour mémoire, aux termes de cet article, il est prévu que la garantie de l'État puisse bénéficier aux opérations de cession de créances...
07 September 2020
Pressure Points: temporary changes to insolvency laws to be extended to 31 December 2020 (Australia)
The Australian Federal Government has announced the temporary amendments to insolvency and corporations laws will be extended until 31 December 2020 in light of the continuing challenges of COVID-19.
04 September 2020
Return of the ‘innovation nation’? The Interim Report of the FinTech and RegTech Inquiry and the path forward
The Australian Senate’s Select Committee on Financial Technology and Regulatory Technology (the Committee) , established in September 2019 to inquire into financial technology and regulatory technology (the Inquiry ), released its Interim Report on 2 September 2020.
04 September 2020
Spain is in the process of approving a full set of new regulations to achieve the goal of climate-neutrality by 2050
Spain´s Government is fully committed to take the lead in decarbonization of economy and is in the path of approving a full set of regulations aiming for net-zero emissions that should be carefully taken into account by companies and investors.
03 September 2020
People: JobKeeper 2.0: here’s what it means (Australia)
The Federal Treasury undertook a three-month review of the current JobKeeper scheme ( Current Scheme ) in June 2020. The review found that whilst the Current Scheme met its initial objectives to support businesses and job survival, the labour market remains weak in Australia and in need of further...