Banner Jared Smith

Company and securities law

Our team combines an in-depth understanding of the Corporations Act and the rules of the Australian Securities Exchange Limited (ASX) with expertise in the protocols of both ASIC and the ASX. Our clients include both businesses and individuals or shareholders.

Listed entities

We advise on all aspects of compliance under the ASX Listing Rules.

The Listing Rules ensure that a listed entity’s constituent documents contain certain provisions which, among other things, address shareholder democracy and require shareholder approval on major transactions. Other requirements imposed on listed entities under the Listing Rules include:

  • continuous disclosure to the market of events and developments which may have a material effect on the entity’s price or the value of that entity’s securities
  • the regime of rights and obligations attached to securities
  • compliance with rules and standards where there is significant change to an entity’s activities or where the entity intends to float significant assets.

Listed entities must comply with these rules in addition to the requirements under the Corporations Act.

The Corporations Act
Examples of Corporations Act requirements which apply to listed entities include the strict requirements in relation to duties of directors and officers. The Corporations Act also regulates the issue of shares, options, debentures and other securities. In general securities must not be offered unless a prospectus is lodged with ASIC. The exemptions to the requirement to prepare a disclosure document are set out in the Corporations Act. (see Corporate governance for further information).

Corporate governance
Our advice to listed entities also includes the corporate governance requirements in the ASX Recommendations titled "Principles of good corporate governance and best practice recommendations".  Read more about corporate governance.

Private

We assist private companies in assessing the advantages and disadvantages of listing on the ASX and also managing the Initial Public Offering (IPO). We also act for foreign entities considering listing as a way of accessing the Australian market.

Shareholders

We provide advice to shareholders on a range of issues, including: 

  • trading in securities 
  • reporting and disclosure requirements 
  • the rights of a minority shareholding with respect to oppressive conduct.


Client success story

 

We act for a substantial shareholder in an ASX listed real estate investment trust (REIT). This REIT is involved in a broad range of dealings with various stakeholder interests.

We have supported our client’s activities in the market by providing advice across a number of different areas of law. This has included providing advice regarding an on-market takeover and advising on a rights issue before the Takeovers Panel.

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