Sladen Thoughts
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Personal Liability of Directors for Misleading and Deceptive Conduct in Property Transactions
This case examines the conduct of two directors who made misleading and deceptive future representations about the timeframe and expected profits of an investment project to potential investors and illustrates the standards of evidence and documentation needed to demonstrate a reasonable basis for such representations.
New ASIC Guidance on Insolvent Trading
On 6 December 2024, the Australian Securities & Investments Commission (ASIC) updated its Regulatory Guide: Duty to prevent insolvent trading: Guide for directors (RG 217).
The guide contains key principles intended to help directors comply with their duty to prevent insolvent trading and how to establish safe harbour protection through proactive monitoring and timely action.