Post by Sapphire Capital on Oct 15, 2008 8:54:31 GMT 4
Funds Management in Australia: Officers' Duties and Liabilities
Pamela Hanrahan
University of Melbourne - Law School
Sydney: LexisNexis Butterworths 2007
U of Melbourne Legal Studies Research Paper No. 354
Abstract:
This book is a comprehensive treatment of the duties and liabilities of directors of Australian funds management companies. Funds management companies operate collective investment schemes and provide investment management services to retail and wholesale client under mandate or through managed discretionary accounts. The main forms of collective investment schemes operated in Australia are: registered managed investment schemes, wholesale unit trusts and investment funds, superannuation funds, investment linked life insurance products, investment companies, and exchange traded funds. Australian funds management companies currently have assets under management exceeding AUD 1 trillion. The book is organised as follows: Part I: Funds Management Law and Regulation - Chapter 1 Funds Management; Chapter 2 The General Law Framework; Chapter 3 Financial Services Regulation; Chapter 4 Product Regulation and Prudential Supervision. Part II: Officers' Duties and Liabilities - Chapter 5 Officers; Chapter 6 The Pattern of Officers' Accountability; Chapter 7 Officers' Duties of Care and Effort; Chapter 8 Officers' Duties to Act Properly; Chapter 9 Conflicts of Interest and Collateral Advantage; Chapter 10 Disclosure; Chapter 11 Liability for Participation in the Company's Wrongdoing; Chapter 12 Directors' Liability for Debts Wrongfully Incurred. Part III: Enforcement - Chapter 13 Public Law Sanctions; Chapter 14 Private Remedies.
papers.ssrn.com/sol3/papers.cfm?abstract_id=1184524
Pamela Hanrahan
University of Melbourne - Law School
Sydney: LexisNexis Butterworths 2007
U of Melbourne Legal Studies Research Paper No. 354
Abstract:
This book is a comprehensive treatment of the duties and liabilities of directors of Australian funds management companies. Funds management companies operate collective investment schemes and provide investment management services to retail and wholesale client under mandate or through managed discretionary accounts. The main forms of collective investment schemes operated in Australia are: registered managed investment schemes, wholesale unit trusts and investment funds, superannuation funds, investment linked life insurance products, investment companies, and exchange traded funds. Australian funds management companies currently have assets under management exceeding AUD 1 trillion. The book is organised as follows: Part I: Funds Management Law and Regulation - Chapter 1 Funds Management; Chapter 2 The General Law Framework; Chapter 3 Financial Services Regulation; Chapter 4 Product Regulation and Prudential Supervision. Part II: Officers' Duties and Liabilities - Chapter 5 Officers; Chapter 6 The Pattern of Officers' Accountability; Chapter 7 Officers' Duties of Care and Effort; Chapter 8 Officers' Duties to Act Properly; Chapter 9 Conflicts of Interest and Collateral Advantage; Chapter 10 Disclosure; Chapter 11 Liability for Participation in the Company's Wrongdoing; Chapter 12 Directors' Liability for Debts Wrongfully Incurred. Part III: Enforcement - Chapter 13 Public Law Sanctions; Chapter 14 Private Remedies.
papers.ssrn.com/sol3/papers.cfm?abstract_id=1184524