Banking and Financial Services Insights

31 August 2005

Welcome to the August edition of Clayton Utz Banking & Financial Services Insights. In this edition we'll examine the latest APRA publications on IFRS and Basel II and also question are "special purpose vehicles" an effective way to reduce property project risks and limit recourse to project assets and cashflows.

We also examine the impact of new pension laws on UK corporates' liability to fund superannuation deficits in the UK. We discover how secured creditors risk losing their security when voting in a poll of creditors in respect of their whole debt.

Finally, see the impact boardroom dynamics can have on individual directors' duties.

APRA releases Discussion Paper on the adoption of IFRS and its approach to Tier 1 Capital

By Brian Salter and Matthew Parsons.

Brian Salter and Matthew Parsons look at draft APRA prudential standards and discussion papers that have recently been released in relation to Tier 1 capital and the implementation of Basel II.

The UK Pensions Act 2004 and its implication for companies doing business in the UK

By Jane Paskin.

If you are part of a worldwide group of companies with subsidiaries in the UK you need to be aware of changes to corporates' liability to fund superannuation deficits in the UK, as Gareth Griffiths and Jane Paskin explain.

Does the use of SPVs provide effective liability limitation?

By Graeme Gurney.

SPVs are commonly used to limit liability, but is that all project participants have to do? Graeme Gurney, considers that you need to also use other techniques.

Boardroom dynamics

By Karen O'Flynn.

Karen O'Flynn discusses the impact boardroom dynamics can have on individual directors' duties, as highlighted in a recent Queensland court case.

Surrender of security - creditors beware!

By Paul James, Rebecca Hope and Elliot Raleigh.

When voting in a poll of creditors, secured creditors should be aware that if they vote in respect of their whole debt, they risk losing their security, say Rebecca Hope, Elliot Raleigh and Paul James.

Profile - Narelle Smythe

Narelle Smythe's practice focuses principally on retail financial services, payment systems, e-commerce and privacy. Her practice includes both commercial and litigious advice in these areas.

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