Law of Investments 3rd Edition

Law of Investments 3rd Edition

By John McLaren, Melissa Naylor, Mary Toohey


$215.00 RRP

Date: 23/08/2011

Code: 9780455228839

Thomson Reuters, AUSTRALIA


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Law of Investments examines the various areas of law that impact on investors and those working in industries associated with investment products. It covers Chapter 7 of the Corporations Act and the requirements associated with licensing including the legal obligations and compliance requirements of licensees and their representatives, disclosure, dispute resolution and investor protection. This edition includes discussion of the latest changes proposed to Chapter 7 and the associated regulatory guides and also recent case law.

Various forms of investment are considered, including managed investments, real property and direct investments into companies. The main sources of law relating to these areas of study include:

  • statutes such as the Corporations Act 2001 (Cth); the Australian Securities and Investments Commission Act 2001 (Cth); the Competition and Consumer Act 2010 (Cth); the Income Tax Assessment Act 1936 (Cth); and the Income Tax Assessment Act 1997 (Cth);
  • the common law, including the tort of negligence, contract law and fiduciary duties; and
  • administrative actions, by the Australian Securities and Investments Commission (ASIC) and the Australian Taxation Office (ATO) through regulatory guides and rulings.

Law of Investments also covers the effect of bankruptcy and marriage and relationship breakdown on investors and also the importance of estate planning for the investor. There is a specific chapter on superannuation and the recent changes to the rules governing the concessional contribution limits. Legal aspects of Self Managed Superannuation Funds are also discussed in some detail.

In July 2013, content in Chapters 4, 5 and 11 was updated by the authors.  Chapter 4 outlines changes to Part 7.7A of the Corporations Act, relating to conduct obligations for personal advice to retail clients.  Chapter 5 addresses the Conflicted Remuneration provisions.  Chapter 11 revises Captial Structure and outlines security interests.  These chapters are available as instructor and student supplements without a password.

This book provides most of the guidance that a serious investor may need on how the current law impacts on their particular investments. It is also designed to assist investment advisers to quickly and accurately find the appropriate law that relates to their requirements. Tertiary students of financial planning and finance law, as well as financial planners, accountants and lawyers practising in investment law will also find the book useful.

Table of Contents

Part A Introduction 
    Introduction to Investments and the Law

Part B Investing in Financial Products
    Common Law Framework for Market Participants
    Regulation of the Financial Services Industry: Corporations Act, Chapter 7
    Conduct and Disclosure in the Investment Advisory Process
    Investor Protection and Dispute Resolution
    Managed Investments Schemes

Part C Direct Investments in Real Property
    Investment in Real Property

Part D Investing in a Company
    The Nature of Investing in a Company
    Members’ Rights 
    Insider Trading: Using Inside Information
    Funding Company Operations
    Corporate Governance
    Corporate Insolvency

Part E Personal Aspects of Investments
    Financial Consequences of Death and Relationship Breakdown

Part F Investing for Retirement 
    Social Security Benefits and the Investor

Part G Taxation and International Aspects of Investments 
    Legislative and Administrative Framework
    Taxation of Investments
    Goods and Services Tax and Investments
    Structure of Investment Activity
    Taxation of Participants in the Investment Industry
    Foreign Investment Into and Out of Australia

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