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The Association of Corporate Counsel (ACC) is the world's largest organization serving the professional and business interests of attorneys who practice in the legal departments of corporations, associations, nonprofits and other private-sector organizations around the globe.

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Evelyn Chan, Partner, Adriel Wong, Trainee Solicitor, and Jane Lu, Paralegal, Gall
4 pages

This article goes into the various matters that directors of a company should bear in mind if insolvency is on the horizon, “lest incurring personal liability if insolvency becomes inevitable.” Failure to bear these matters in mind and comply with standards and requirements could lead to disastrous results for company directors in Hong Kong.

Resource Details
Region: Hong Kong
Audience: Deputy GC, Mid-Career
Chris Hadley, Partner - Commercial Recovery and Insolvency, Litigation, Holman Webb Lawyers
2 pages

This article covers the new insolvency regime introduced in Australia on 1 January 2021. The changes in this new regime primarily impact businesses with liabilities of less than $1 million and will enable such companies to continue trading under the control of its directors while a debt restructuring plan is developed and voted on by creditors.

Resource Details
Interest Area: Financial Services
Region: Australia
Audience: Deputy GC, Mid-Career, New to In-House

Oregon ACC and Tonkon Torp LLP invite you to an online CLE about Special Purpose Acquisition Companies (SPACs) on May 26 from 4:00 - 5:00 pm. 

Are SPACs just a Wall Street craze or a viable alternative to an IPO? If your company is approached by a SPAC, what questions should in-house counsel advise the board and management to consider? 

Please join Joseph Lace from JPMorgan, and Tonkon Torp’s Tom Palmer and Drea Schmidt for an objective, in-depth discussion of SPACs and their potential advantages and disadvantages. 

All corporate counsel may attend regardless of membership in the ACC. Please share this online event with your colleagues!

David Wood, Partner, and Kai-Chen Lamb, Partner, King & Wood Mallesons
7 pages

This article goes into the details of a highly anticipated draft practical compliance guideline (PCG 2021/D3) released by the Australian Taxation Office (ATO). PCD 2021/D3 provided clarity on the two primary issues: (1) what are the reasonable enquiries required to demonstrate compliance with the imported hybrid mismatch rule (IHMR); and (2) the Australian Taxation Office’s approach to risk assessment for the application of the IMHR to taxpayer’s circumstances.

Resource Details
Interest Area: Financial Services
Region: Australia
Audience: Deputy GC, Mid-Career
Hayden Flinn, Co-Chief Executive & Partner, and Cindy Shek, Partner, King & Wood Mallesons
6 pages

This article delves into the Consultation Conclusions on Proposed Enhancements to the Open-ended Fund Companies Regime (OFC) and Further Consultation on Customer Due Diligence Requirements, published by Hong Kong’s Securities and Futures Commission. Issued on 2 September 2020, the Consultation Conclusion, the Consultation Conclusion highlights different enhancements to be made to private OFCs.

Resource Details
Region: Hong Kong
Audience: Deputy GC, Mid-Career
Mandy Tsang, Special Counsel, and Sarah Yu, Partner, King & Wood Mallesons
16 pages

This resource provides an overview on the recently passed legislation by the Financial Services Royal Commission. The specific legislation is the Financial Sector Reform (Hayne Royal Commission Response) Bill 2020. In particular, this summary examines the differences between this Bill and previous legislation and how it affects insurers.

Resource Details
Interest Area: Financial Services
Region: Australia
Audience: Deputy GC, Mid-Career
Will Heath, Partner, and Daisy Mallett, Partner, King & Wood Mallesons
4 pages

New Zealand – in a world first – introduced a bill requiring companies in the financial sector to disclose the impact of climate change on their businesses and how they plan to manage climate-related risks and opportunities. This resource takes a look at how the climate impact disclosure bill could impact businesses based in Australia.

Resource Details
Region: Australia, New Zealand
Audience: Deputy GC, Mid-Career
  • Structuring the SPAC and the IPO process
  • Advantages and disadvantages in using the SPAC form
  • The De-SPAC transaction — structuring the merger
  • Trends in SPAC transactions
  • Litigation Risks — The increased SEC focus on SPACs and commercial litigation trends
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