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Bitcoin enables peer-to-peer transactions, facilitating payments directly, and not via a bank or financial institution.

Side deeds create a direct contractual relationship between the lender and a third party to a financing arrangement.

Many of the operational details of the AFCA scheme will be set out in guidelines and other informational AFCA material.

Participants in the financial services industry and their advisors may be aware of the ASIC appeal about MINI warrants.

This case serves a reminder that any decision to approve an asset-based loan must be transparent and justifiable.

A financing term sheet is a document, usually by a lender, giving an overview of the key commercial terms being offered.

This is part of a blog series about how automated advice providers can ensure compliance with the Best Interests Duty.

The Personal Property Security Act (PPSA) is a comprehensive legal framework designed to regulate the creation, registration and enforcement of security interests in personal property across various jurisdictions, such as Canada, Australia and New Zealand. Its primary goal is to establish clear rules for how lenders and borrowers can secure loans using personal assets, ensuring transparency and predictability in commercial transactions.

Market conditions in 2019 were impacted by events such as the elections in Australia and the UK and an overlay of uncertainty influenced by the ongoing trade war between the US and China,...

In some cases these fees or surcharges are higher than what a bank charges to these merchants for use of the system.

In what has been a relatively quiet period for Australian public markets, it was heartening when the Australian Securities and Investments Commission ("ASIC") released its discussion paper...

Perhaps the best known provision in the Commonwealth <I>Trade Practices Act</I> 1974 (TPA) is section 52, which provides that "a corporation shall not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive". Section 52 established what has been described as a new norm of conduct for Australian commercial activity and has given rise to literally thousands of reported cases. It has had what in retrospect is a quite dramatic impact on Australian

A number of laws have been passed to continue the scrutiny of corporate governance since the Banking Royal Commission.

Perfecting a security interest under the Personal Property Securities Act 2009 (Cth) (PPSA) is critical step for a secured party to ensure its security interest is not just enforceable against the grantor of the interest, but also against third parties. Perfection can occur by one of three ways: possession, control or registration on the PPS Register.

TerraCom has been ordered by the Federal Court of Australia to pay an AUD7.5 million civil penalty for retaliating against a whistleblower in proceedings commenced by the Australian Securities & Investments Commission (ASIC).

More and more financial institutions in Australia are taking action on climate change – not for ideological reasons, but because it's just good business.

ASIC has reinvented its enforcement function as one which looks similar to the aggressive posture favoured by the US SEC.