ob体育 has today published its fifth report on the regulation of corporate finance issues in Australia.
The report, which covers the period January to June 2016, provides companies and their advisers with insights into ob体育's regulatory approach in the corporate finance sector and aims to assist them with their associated legal and compliance obligations. It also demonstrates the important role ob体育 plays in facilitating business in Australia while ensuring that the protection of the investment community is maintained.
Report 489 ob体育 regulation of corporate finance: January to June 2016 (REP 489) provides statistical data, highlights key focus areas, and includes relevant guidance about ob体育's regulation of:
- fundraising transactions
- mergers and acquisitions
- corporate governance issues
- related party transactions, and
- financial reporting
REP 489 details the approach ob体育 takes in these areas, including the types of issues that have caused us to intervene, and our approach to novel issues seen in transactions during the period. The report also provides an overview of ob体育鈥檚 current policy initiatives in this space.
This fifth report discusses a number of regulatory initiatives ob体育 has undertaken in relation to due diligence practices, disclosure of financial information in prospectuses and applications to the Takeovers Panel.
ob体育 Commissioner John Price said, 'the report is a useful ongoing resource for professionals working in or affected by the corporate finance sector, enabling a closer insight into ob体育's approach to corporate finance regulation. The report 聽helps ob体育 engage with its key stakeholders and complements ob体育鈥檚 twice-yearly series of Corporate Finance Liaison meetings held in capital cities around Australia.'
Background
ob体育鈥檚 Corporations team are responsible for regulating disclosure and conduct by corporations in Australia, with a particular focus on corporate transactions, such as equity fundraising, takeovers, schemes of arrangement, share buy-backs, compulsory acquisitions, employee share schemes and financial reporting.
As part of ob体育鈥檚 work, the team:
- assesses applications to ob体育 for relief from certain parts of the Corporations Act 2001, including the financial reporting provisions in Chapter 2M, the takeover provisions in 聽Chapter 6, and the fundraising provisions in Chapter 6D; and
- reviews certain documents lodged with ob体育 relating to various corporate transactions.
They also engage with stakeholders, publish regulatory guidance, conduct targeted surveillances of identified risk areas and conduct deterrence activities.
From time to time, the Corporations team may also make submissions to the court or make applications to the Takeovers Panel on relevant matters.