Banking and Financial Services Insights

13 April 2006

Welcome to the April edition of Clayton Utz Banking & Financial Services Insights for 2006. It's a busy time for APRA, and consequently our sector, as a raft of new and draft prudential standards are released. In this edition we look at what's settled, what's still open for public comment, and what you can do now to get ready.

We'll also look at the latest twist in the Austral Coal saga, and where that leaves the use of cash-settled equity swaps.

New draft standards on tier 1 capital, securitisation and interest rate risk in the banking book

By Brian Salter and Louise McCoach.

APRA has released a raft of new draft prudential standards. Brian Salter and Louise McCoach set out the main features of each and what's still to come.

Austral Coal update - the use of cash-settled equity swaps in takeovers

By John Elliott and Louise McCoach.

John Elliott and Louise McCoach discuss the latest decision in the saga of Centennial Coal Limited's takeover of Austral Coal Limited, and what this means for the use of cash-settled equity swaps in takeovers.

Corporate insolvency: Winners and losers in the pool

By Jennifer Ball.

As pooling arrangements are becoming more popular, but face considerable legal problems, Jennifer Ball looks at the Federal Government’s promise to set up a statutory mechanism for pooling.

The "fit and proper" banker - new standards start in October

By Narelle Smythe.

New "fit and proper" standards have been released, and ADIs must make sure they’re ready for the 1 October start. Narelle Smythe discusses these standards.

Another piece in the regulatory puzzle - corporate governance in the banking sector

By Brian Salter .

The Basel Committee's revised guidelines on corporate governance can help banks assess the quality of their existing corporate governance frameworks, explains Brian Salter, but they are not intended to add another regulatory framework on top of our national regulation.

Lack of commercial viability does not necessarily mean insolvency

By Karen O'Flynn and Kristy Zander .

A recent decision makes it more difficult for a creditor or liquidator to prove that a company was insolvent at the relevant time, as Karen O'Flynn and Kristy Zander show.

Clayton Utz' expertise recognised at awards night

Our Banking and Financial Services team has good reason to smile after the Australasian Law Awards.

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