This ground-breaking book provides a comprehensive legal review of the Australian non-bank financial sector. It analyses and explains its evolution since deregulation in 1981 until today. It explores non-bank financial entities (including managed investment schemes and superannuation funds), which largely have not been examined in the recent Banking Royal Commission and other inquiries.
The author quantifies and explains the causes of systemic and cyclical failure of the law in the sector, bringing together the various sources of law applicable to the various types of legal entity, and also explains the difficulties and choices faced by directors and trustees of these entities. In doing so, he positions current regulation in the business context. A comparative analysis of regulation in other jurisdictions identifies both successful and unsuccessful strategies for the sector. The author puts forward suggestions for reform by way of guidance for future policy development and its implementation in law.
Corporate Governance in Non-Bank Financial Entities is essential reading for legal and corporate advisors in the financial sector, and a valuable resource on the duties of directors and trustees of the affected entities.
- Unique and comprehensive analysis
- Underpinned by in-depth, qualitative research
- Identifies the causes of regulatory failure and consequent impacts on investors and the Australian economy more broadly
- Provides concrete suggestions for reform
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- Baxt, Black & Hanrahan, Securities and Financial Services Law, 9th ed, 2016
- Farrar & Hanrahan, Corporate Governance, 2017
- Gamertsfelder, Governance and Conduct Obligations in Financial Services, 2016
- Taylor & Juchau, Financial Planning in Australia: Advice and Wealth Management, 8th ed, 2017
Table of contents
- Non-Bank Financial Entities and their Importance
- Evolution of the Law of NBFE Governance 1981-2019: The Four Ages
- NBFE Director and Trustee Duties
- Evolution and Meaning of ‘Best Interest’ Duties
- Evolution and Meaning of Fiduciary Duty
- NBFE Corporate Governance in Comparative Jurisdictions (Singapore, Germany (& European Union), United Kingdom, Canada, United States
- The Application of Comparative Law to Australian NBFE Corporate Governance
- The Profession of Director in Australia