Fund managers, foreign investment restrictions and questions of control
Article Abstract:
Australia's Foreign Acquisitions and Takeovers Act 1975 (FATA) should be revised to clearly state that fund managers are not subject to its notification requirements. As currently understood, fund managers are subject to the notification requirements that are imposed on foreign investors because of the size of most fund holdings, despite the fact that managers are not legal or beneficial owners. The potential application of the FATA to investment advisers, which can include criminal sanctions, could be deterring some fund managers from investing in Australian businesses.
Publication Name: Australian Business Law Review
Subject: Law
ISSN: 0310-1053
Year: 1996
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The emergence of China's foreign trade law and its impact on Sino-Australian trade
Article Abstract:
China's 1994 Foreign Trade Law is a welcome adjustment towards international standards, and it will not detract from trade with Australia. The law caps 45 years of state control over trade, begun in 1949. The law moves China closer to the World Trade Organization's principles, as with reductions of tariffs and trade barriers, and these changes will make membership acceptance in the WTO more likely. A favorable balance of trade will also be maintained by Australia.
Publication Name: Australian Business Law Review
Subject: Law
ISSN: 0310-1053
Year: 1996
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Foreign investment power and control of foreign investment in newspapers
Article Abstract:
Legislation is required to clarify the rights of foreign investment in Australian newspapers. Federal policy guidelines state that the Department of Treasury has the power to examine each case of foreign investment, but this may not be defensible under the Foreign Acquisitions and Takeover Act (FATA) or section 51 of the Constitution. The Parliament could add to the Corporations Act or FATA to clarify these rights.
Publication Name: Australian Business Law Review
Subject: Law
ISSN: 0310-1053
Year: 1992
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