Ramsden Lawyers’ Gold Coast team is adept at providing advice on internal policies, controls and corporate governance to prevent, minimise and manage the impact of ASIC’s increased number of prosecutions. We also provide comprehensive due diligence in relation to achieving compliance standards for mergers, acquisitions and joint ventures.
Extensive understanding of corporate regulatory authorities
We understand that corporate crime sanctions for non-compliance are becoming stricter, and our team has developed an extensive understanding of corporate regulatory authorities and their policy objectives in order for us to best serve our clients in defending against investigations. ASIC work to ensure that there is a quality of information available to the public, shareholders and members or officers of Australian companies, assisting external administrators to address ongoing misconduct by company officers and discouraging the misuse of ASIC’s public database. They also prevent disqualified directors from managing companies.
We work with clients by providing step-by-step guidance on dealing with prosecutions from ASIC, but also the ACCC and the ATO. We provide you with instructions on dealing with investigators, a list of essential tasks, as well as how staff should work and behave during what is inevitably a high-stress scenario.
Protecting reputational interests in complex and sensitive matters
Our expertise in corporate crime also extends to particularly damaging accusations such as insider trading, laundering, forgery and fraud. Investigations such as these are typically accompanied by accusations of cheating or defrauding against a public company or a person within the body corporate itself. A director may also be faced with accusations of publishing false statements, omitting certain entries, carrying on financial dealings unlicensed, dishonestly using their position, falsifying the books or attempting to manage corporations while disqualified.
Our corporate lawyers can assist in mounting a successful defence to investigations on these subject matters by claiming duress or necessity amongst others. We can also provide defences ranging from the common statutory exceptions contained in the Corporations Act 2001 (Cth) to more complex and innovative defences such as claiming underwriter status or that a Chinese wall had been established internally.
Respected Gold Coast intermediary between companies and regulators
Based on our knowledge of prosecutions from ASIC and other regulatory bodies, we can provide advice to clients on issues such as internal policies, controls and corporate governance. We can provide ongoing compliance monitoring based on agreements a corporation may enter into with the government. We also provide due diligence relating to compliance issues, and our expertise on regulatory investigations includes allegations of bribery and corruption, fraud, money laundering, breach of trade and economic sanctions, investment fraud, tax evasion, breach of environmental regulations, improper accounting practice and corporate misconduct in general.
Corporate lawyers that assist in creating a culture of exceptional conduct
We believe that the most effective way to combat regulatory intervention is through culture, which is why our corporate lawyers assist you to place corporate compliance as the centrepiece of your business model. Our Gold Coast team has recognised that ASIC no longer allows executives to tolerate a culture that is lax on regulatory compliance, and as such we work with corporations to encourage a positive culture that avoids poor outcomes for consumers and companies alike.
Our approach allows us to remain proactive in our approach. By having a culture in place that values regulatory guidance, we find the transition to implementing new rules and regulations to be significantly reduced.
Our areas of expertise include:
- Advising on policies, controls and governance
- Monitoring compliance programs
- Due diligence
- Money laundering
- Breach of trade and economic sanctions
- Investment fraud
- Tax evasion
- Improper accounting practices
- Managing enquiries, investigations and enforcement actions
- Advising on potential legal and regulatory exposure
- Disclosure and reporting obligations.