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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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 – ASIC Rio Tinto Disclosure Breach
On 7 March 2022, AST ASIC confirmed the firm had breached disclosure laws. AST ASIC confirmed Rio Tinto Limited had been found by AST Court to have breached the continuous disclosure law requirements as set out in the Corporations Act 2001. Follows AST ASIC March 2018 action vs. Rio Tinto, and ex-CEO, CFO. Background In…
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Australia – GVT Foreign Acquisition/Takeover
On 3 March 2022, AST GVT registered 27th compilation of the Foreign acquisitions and takeovers act 1975, showing text of the law as amended and in force on 23 February 2022. Includes changes made by the corporate collective investment vehicle framework and other measures act 2022 and lists unincorporated changes.
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France – ACPR Takeover Applications
In December, ACPR issued 3 instructions regarding requests/reporting re takeovers and holdings by banks, investment, financing firms. These changes were entered into the ACPR Official Register on 1 February. Instructions Instruction 2021-I-18 relating to requests for takeover or qualifying holdings by credit institutions, requires submission of complete application file using form in the annex. Form…
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E.U. – Nasdaq Nordic Takeover Rules Breach
On 21 January 2022, Nasdaq Nordic fined LSTH Svenska Handelsfastigheter AB. Nasdaq Nordic disciplinary committee fined LSTH Svenska Handelsfastigheter AB SEK 1,500,000 for breaching rule book for issuers of fixed income instruments. Summary Swedish Securities Council ruling 2021:43 found it violated item II.3 of the takeover rules for certain trading platforms issued by the Swedish…
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