On 14 April 2022, AUT GVT published new resolution and enforcement rules. AUT GVT published new legislation amending the Restructuring and Liquidation Act, the Takeover Act, as well as Central Counterparty Enforcement Act, from August 2022. Restructuring and Liquidation Act The changes confirm that AUT FMA must form a separate unit within its structure to…
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Switzerland – FINMA Blackstone Manipulation
On 12 April 2022, SWI FINMA announced market manipulation by company. SWI FINMA concluded proceedings against Blackstone Resources AG and one of its bodies for violating market conduct rules as it engaged in market manipulation. SWI FINMA identified market manipulation and disclosure requirements breaches. Overview As part of enforcement proceedings found Blackstone Resources, one of…
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U.S. – SEC T+1 Standard Settlement Cycle
On 14 April 2022, SIFMA issued letter supporting accelerating settlement cycle to T+1. Benefits: risk reduction, capital optimization, improve post-trade processing efficiency. Recommended compliance date of 3 September 2024; did not support written agreement requirements, would disproportionately impact B/Ds; supported same day affirmation. Advocated to retain fallback exception for T+2 settlement in unforeseen circumstance. Requested…
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U.K. – Gov’t National Security Law in Force
On 11 April 2022, UK GVT updated its guidance collection to help firms, investors understand obligations under the new rules, including how to assess if UK GVT must be notified of an acquisition, what to expect from NSI notification, assessment process. Added guidance on how to comply with the National security and investment act 2021…
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Australia – Gov’t Amended Foreign Acquisitions and Takeovers Regulation
On 11 April 2022, AST GVT registered the 14th compilation of foreign acquisitions and takeovers regulation 2015, showing the law as amended and in force on 1 April 2022. Compilation issued to incorporate changes made by the foreign acquisitions and takeovers amendment regulations 2022.
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Australia – Tax Fines for Foreign Investment Breach
On 11 April 2022, AST Tax issued first fine for foreign investment breach. AST Tax confirmed first penalty order for breaches of Australia's foreign investments rules was issued by the federal court of Australia, and attracted $250,000 in penalties. Background AST Tax is co-administrator of the Foreign Acquisitions and Takeover Act 1975 (FATA), and is…
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