802 results found

A letter of demand is a formal written request from a creditor to a debtor to repay a debt owed within a specified time.

A failure to properly perfect a security interest can result in the personal property vesting in the insolvent estate.

Hedging agreements are an integral part of many loan transactions so market participants should give them due attention.

This article discusses what happens when funds are lent to a company to pay employees, before a liquidation commences.

Explains the importance of priority & how the equitable doctrine of marshalling may assist lenders with a lower ranking mortgage.

Issuers of short, medium and long term international debt securities have the option of utilising a new form of global note, known as the New Global Note or NGN.

The Securities Disclosure and Financial Advisers Amendment Bill introduced into parliament last week will undoubtedly streamline fundraising for listed issuers. The Bill follows recommendations made by the Capital Markets Taskforce in November 2008, aimed at facilitating capital raising by listed issuers.

Gadens' partner Jon Denovan explains why the changes under the Personal Property Securities regime will be relatively straightforward, and warns businesses against those that argue otherwise.

ASIC last night released its much-anticipated disclosure regime for retail bonds. As well as facilitating a retail corporate bond market in Australia, the suite of changes aims to ease disclosure requirements for convertible notes.

An in depth look at the new Personal Property Securities Act and how it applies.

Lenders should be reviewing their verification systems as identity requirements for mortgages spread across Australia.

The court considered a guarantee where a subsequent credit contract was entered into without the guarantor's consent.

In a significant decision, that will be good news for lenders, the Supreme Court of New South Wales has confirmed the principle that fraud as an exception to indefeasibility of title only applies...

The public debate regarding the proposed personal property securities reform currently being considered by the Commonwealth Government proves the truth of the saying that "you can't please all of the people all the time".

This decision has highlighted the importance of attention to detail when registering security interests on the PPSR.

The article considers protection afforded to directors by section 440J during administration, in light of this decision.

The temporary protections do not alter a creditor's ability to seek and obtain a Court judgment for the payment of debts.