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What exactly is securities hawking?
This article examines Section 736 of the Corporations Act 2001 (Cth), which prohibits security hawking. It outlines exemptions, consequences, definitions and further references.
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Raising capital without disclosure
This article explains the rules under the Corporations Act 2001 (Cth) for raising capital in Australia without a formal disclosure document, such as a prospectus. It covers exceptions like the “20/12 rule” for small-scale offerings and other exemptions for specific investors. The article also highlights key provisions, restrictions on advertising, and ASIC’s role in regulating…
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Directors and associates may be personally liable for SGC and PAYG
The Federal Government introduced legislation increasing director liability for non-compliance with Pay as you go (PAYG) and Super guarantee charge (SGC). The Australian Taxation Office (ATO) expanded recovery powers. Click through to learn more and ensure compliance.
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Directors’ Duties in Australia
Directors of unlisted companies in Australia have a range of legal obligations to uphold. This article examines the duties of directors, as well as the potential penalties for breaching them. Discover more about the three sources of law that apply and how to ensure compliance.
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What is a Joint Venture – Australian law
Creating a Joint Venture in Australia requires careful consideration of structure, assets, responsibilities and rights. It can range from unincorporated to fully incorporated, and must ensure success for all Participants.
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Is your ACN on all your public documents?
Discover the requirements and penalties for displaying an Australian Company Number (ACN) on public documents. Find out what constitutes a public document and how to ensure your business is compliant. Click through to learn more.
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Top 7 mistakes made in Shareholders’ Agreements
This article outlines the top 7 mistakes made in Shareholders’ Agreements, covering common pitfalls such as not having an agreement at all, failing to consider a tailored constitution, and overlooking the impact of future events. It provides insights into the importance of having a well-thought-out agreement to protect shareholders and ensure the long-term success of…
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Strategy over structure
Strategic planning is essential for new or expanding businesses. It can improve operating efficiencies, provide clarity on company culture, better customer relations, and protect personal/business assets. A comprehensive plan can drive better success for the business and give external stakeholders the best chance to offer value.
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How large must a company be to list on the ASX?
ASX released consultation paper on listing eligibility requirements. Learn more about the profits, assets, and shareholder spread tests needed to determine if your organisation is suitable to list on the stock exchange.
Corporate law
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