3 results found
An empirical analysis of public enforcement of directors’ duties in Australia: preliminary findings
The preliminary findings presented in this paper indicate that criminal enforcement was more prevalent than civil enforcement and there was a significant emphasis on incapacitative sanctions such as prison sentences and management disqualification orders. Monetary sanctions were less frequently imposed and tended to be of...
An empirical analysis of the use of enforceable undertakings by the Australian Securities and Investments Commission (ASIC) between 1 July 1998 and 31 December 2015
This working paper reports the findings of a detailed empirical study of 414 enforceable undertakings accepted by the Australian Securities and Investments Commission (ASIC), the corporate, market, finance and credit services regulator from July 1998 to 31 December 2015, a period of 17.5 years. The...
Financial Services Misconduct and the Corporations Act 2001 - paper 2
The paper follows Working Paper’s scoping of penalties under ASIC administered legislation by discussing enforcement under the Corporations Act through the lens of a study of court-based enforcement by ASIC of financial services misconduct.