CBA chairman David Turner blames the financial crisis for the bank’s financial planning saga. Paul Miller/AAP

Director’s duties: boards can’t just blame the GFC for their mistakes

The Australian Institute of Company Directors (AICD) is pushing for reforms allowing directors to rely on honest and reasonable conduct as a defence against company liability. The AICD believes this new…
Commonwealth Bank CEO Ian Narev said the bank’s review process will be independent. Dean Lewins/AAP

Commonwealth Bank ‘truly sorry’, but independent review doubts

Commonwealth Bank of Australia chief Ian Narev has apologised for breaching customer trust after evidence emerged of serious misconduct by the bank’s financial planning arm, Commonwealth Financial Planning…
The Commonwealth Bank and ASIC may face a Royal Commission. AAP/Dan Peled

Call for Commonwealth Bank, ASIC to face Royal Commission

A senate inquiry has called for the Commonwealth Bank (CBA) and Australia’s corporate regulator, the Australian Securities and Investments Commission (ASIC), to be investigated by a Royal Commission. The…
Collateral benefit, or just good business sense? Julian Smith/AAP

Collateral benefit? Solomon Lew’s pot of Country Road gold

Retailer David Jones has found itself in the middle of ongoing market intrigue since last year, spurred on by a merger approach from Myer. The advance was rejected without shareholders being made aware…
Investor confidence is evaporating on fears of low returns and increased market volatility. But a new survey also found corporate governance issues weighing on the minds of retail investors. AAP/Paul Miller

Investor confidence takes a tumble over corporate governance, volatility

An overwhelming proportion of investors want the introduction of a rating system to identify poorly governed companies, according to a new survey. And over 80% of those polled said they would stay away…
Tony Abbott and his Parliamentary Secretary, Josh Frydenberg, have pledged to repeal legislation that causes unnecessary red tape for businesses. AAP/Julian Smith

Red tape: not as straightforward as Abbott’s pledge to repeal

The idea that red tape is one of the most pervasive and damaging problems afflicting businesses has reached mythical stature over the years. And no doubt the Abbott Government sees it that way too, with…
ASIC Chairman Greg Medcraft. Dan Peled/AAP

ASIC underwhelms with call for greater powers

The Australian Securities and Investments Commission has called for more powers, including a broadening of the definition of “whistleblower”, in a paper defending its role as the corporate watchdog. ASIC’s…
Can selective briefing ever be eradicated? Image sourced from www.shutterstock.com

Explainer: Continuous disclosure obligations

Newcrest’s recent investigation by the corporate regulator into whether it breached its continuous disclosure obligations has no doubt proven a salutory lesson for listed companies as this reporting season…
A senate inquiry into Australia’s corporate regulator will question how well it does its job. Image sourced from www.shutterstock.com

ASIC headed for a health check at Senate Inquiry

On the face of it, the banning of seven financial planning advisers and $50 million worth of compensation paid to burnt investors would be considered a good outcome for our corporate regulator. But the…
The Whitehaven Coal hoax showed changes to continuous disclosure guidelines to address the role of social media and trading halts are needed, but the guidelines are not without their problems. AAP

Continuous disclosure: social media and the two sides to trading halts

In a fragile world and with a particularly fragile share market, Australia’s corporate regulators have seen their role in policing the area of continuous disclosure multiply. Disclosure requirements are…
What is red tape for one company might be a saving grace for another - but a new survey of directors show a high proportion believe it affects their company’s profitability. Flickr/eblaser

Rules and regulations ‑ or red tape? Perception is everything for directors

Which one of the following from last century’s corporate office is still around – blotting paper, carbon paper, telex machines, dictation machines, Sellotape, red tape? Well there is some Sellotape to…
After the High Court case involving ASIC and Fortescue Metals, the ASX has released a Guidance Note that provides more clarification on continuous disclosure for listed companies. AAP

ASX makes a timely revision to continuous disclosure guidelines

Investor confidence is an obvious imperative of corporate legislation. Section 674 of the Corporations Act, which requires disclosure of information concerning securities that is not generally available…
James Packer’s raid on Echo Entertainment has put Australia’s takeover laws under the spotlight. AAP

ASIC’s review of creep provisions puts corporate raiders on notice

It’s been an interesting time for Australia’s corporate watchdog. Financial manoeuvres by Gina Rinehart and James Packer, which saw them increase their holdings in Fairfax Media and Echo Entertainment…
If she is unable to gain seats on the board, Gina Rinehart can still establish a control base by initiating a takeover of Fairfax and offering a premium to shareholders. AAP

Paying a premium could shore up Rinehart’s control of Fairfax

Fairfax Media Ltd’s constitution enables the board to allocate board places in addition to the existing directors up to the maximum number of directors allowed in the constitution - not more than 12 unless…

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