Tag Archives: debt

The case of Nine – morphing creditors to shareholders

In the recent case of voluntary insolvency administration involving the Nine Entertainment Group Limited, the Federal Court has ordered that secured creditors in the company take up shares in it, provided the majority of the creditors holding 75% or more of the debt agreed. The debts owed by the company include those secured by hedge counterparties. Rejecting the argument against granting the order the Court held that it has the power under the Corporations Act to require the cheap cialis … Continue reading

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Did the Tax Act save us from GFC

Did the Tax Act in Australia play a significant role in shielding us from the ravages of the GFC now plaguing most countries in the world? Going by the current debate in the United States it may well have. You may even put It down, in good measure, to the balance in Australia between tax treatment of debt and equity, notably the rules for recognizing debt and equity in companies. Unlike here, in the U.S, corporate earnings are taxed at … Continue reading

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Contingent convertible bonds (CoCo’s)- Debt or equity under Div 974

Two recent events are clear signals of easing the impact of the approaching Basel III implementation imposing higher capital adequacy requirement for banking and other financial institutions: the release of the exposure draft on ‘covered bonds’ and the making of the Income Tax Assessment Amendment Regulations 2011(No 2). The tax implications of the two are critical for issuers and holders of bonds in financial institutions. The first allows banks to issue bonds under which holders can either look for recompense … Continue reading

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