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Recent developments in non-executive director remuneration
Encouraging share ownership by non-executive directors through non-executive director share rights plans is set to increase following a recent ATO class ruling. ...
New draft APRA Prudential Standard (CPS 511) set to reshape group-wide remuneration frameworks and incentive arrangements for ADIs, superannuation funds and insurers
APRA has released a discussion paper on its new prudential standard on remuneration which will have far-reaching implications for variable remuneration structures across all APRA-regulated entities. ...
Australia's Modern Slavery Act – one year on
Australia's modern slavery reporting regime was introduced one year ago, and 2020 will see the first set of modern slavery statements published by reporting entities. ...
Take Two: anti-bribery reforms revived and long-awaited draft regulatory guidance released
The Australian Government has tabled the Crimes Amendment (Combatting Corporate Crime) Bill 2019 (the 2019 Bill) in the Senate, and the Attorney-General's Department has released Draft Guidance on the steps a body corporate can take to prevent an associate from bribing foreign public officials for public consultation (the Draft Guidance). Like the 2017 version of the Bill that lapsed earlier this year (the 2017 Bill), if passed, the 2019 Bill will strengthen Australia's foreign bribery laws, including by introducing a new corporate offence of failure to prevent bribery by an associate, and will introduce a Deferred Prosecution Agreement (DPA) scheme for resolving serious corporate criminal matters. Partner Rachel Nicolson, Senior Associate Andrew Wilcock and Associate Lewis Winter report on the key differences between the 2017 and 2019 Bills, and the content of the Draft Guidance. ...
Decision confirms limits on general meeting shareholder activism
A recent Federal Court of Australia decision has reaffirmed that a companys board of directors has the primary role in managing a company and that there are limits on shareholders legal ability to control that management Partner and Co-Leader of Allens Head Office Governance team Greg Bosmans and ...
Babcock & Brown - a market disclosure claim decided
The Federal Court has dismissed shareholders claims against Babcock Brown alleging failure to disclose market sensitive information The court made important findings on the scope of listed entities continuous disclosure obligations in the context of accounting irregularities and potential insolvency ...
Anti-money laundering and counter-terrorism financing: Key questions for boards and executives in 2017
Australian boards and senior executives are expected to maintain oversight of risk and compliance issues including bribery, sanctions, human rights and anti-money laundering. ...