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Corporate Governance in Non-Bank Financial Entities

Corporate Governance in Non-Bank Financial Entities

By David Millhouse

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.

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  • Full description

    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.

    Features

    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

  • About the author

    David Millhouse is Adjunct Honorary Senior Research Fellow, Faculty of Law, Bond University. He analyses new cases as they come before the courts, extending to the franchise sector. These demonstrate that systemic deficiencies in the law continue to manifest in egregious behaviours. Research interests include the application of Artificial Intelligence and Robotic Process Automation in the law.

  • Product details

    ISBN: 9780409351132

    Published: 2019

    Format: Softcover

     

  • Table of contents

    1.         Non-Bank Financial Entities and their Importance

    2.         Evolution of the Law of NBFE Governance 1981-2019: The Four Ages

    3.         NBFE Director and Trustee Duties

    4.         Evolution and Meaning of ‘Best Interest’ Duties

    5.         Evolution and Meaning of Fiduciary Duty

    6.         NBFE Corporate Governance in Comparative Jurisdictions (Singapore, Germany (& European Union), United Kingdom, Canada, United States

    7.         The Application of Comparative Law to Australian NBFE Corporate Governance

    8.         The Profession of Director in Australia

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