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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U.S. – Senate Bill to Report Investments in China
On 7 April 2022, Senate introduced bill re US portfolio investments in China. Senate introduced S.4051, a bill to require an annual report on United States portfolio investments in the People's Republic of China, and for other purposes; text is pending.
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U.S. – DoJ Sham Fortune 500 Takeover Bid
On 5 April 2022, DoJ, SEC issued charges re $14 billion tender offer fraud. DoJ charged Melville ten Cate with tender offer fraud, securities fraud, and wire fraud in connection with several schemes on behalf of his company, Xcalibur Aerospace Ltd. Schemes include fraud tender offer worth over $14bn, arising from ten Cate's allegedly sham…
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Australia – Gvt Foreign Investment Reforms
On 4 April 2022, AST GVT released its response to the final report of the Senate's inquiry into foreign investment proposals which was published in August 2021. Response highlights that 2021 foreign investment reform package gave a legislative basis for GVT to accept/enforce undertakings made by investors to address concerns. Package also allowed increased number…
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Sweden – FI Fines Voleon Capital for Late Short Selling Disclosure
On 30 March 2022, SWE FI ordered capital manager firm to pay SEK 100,000. SWE FI imposed a special fee of SEK 100k on Voleon Capital Management LP after late short selling took place in Oasmia Pharmaceutical AB and Catena Media plc shares. Voleon failed to correctly notify SWE FI that the firm's short net…
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