ASX | Regulatory | Henry Davis York - Henry Davis York

ASX

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The good reputation and standing of ASX-listed enterprises influences all aspects of their operations, from their ability to do business, to their cost of capital.

That's why, in an increasingly complex legal and regulatory environment for listed entities, HDY seeks to assist our ASX-listed (or listing) clients minimise their transactional and regulatory risk by drawing on our deep understanding of the Corporations Act and ASX Listing Rules, and by working closely with both ASIC  and ASX to ensure commercial certainty.

Our equity capital markets expertise, transactional experience and collaborative approach enables HDY to provide not only timely and commercially sensible advice, but to also anticipate and then suggest strategies in which possible areas of ASIC or ASX concern may be pre-emptively mitigated.

Our team is able to assist insurers and underwriters structure, document and implement all manner of capital market transactions including IPOs, entitlement offers, placements, securities purchase plans and secondary sales.

How we can help

Our team's transactional and equity capital markets expertise extends to:

  • advising on all legal, regulatory and procedural aspects of the ASX listing/IPO process
  • liaising with (and, if necessary, making relief or waiver applications to) ASIC and ASX on behalf of our clients
  • advising on all 'post-listing' legal and regulatory obligations (particularly those relating to corporate governance and continuous and periodic disclosure), and
  • assisting institutional investors, listed entities and underwriters/lead managers with the requisite transaction documents.

Our Relevant Experience

  • Alinta Energy Group

    Advising two US-based hedge funds on the structuring and implementation of, as well as the legal issues relating to, the proposed Alinta Energy Group initial public offering and listing on the ASX (a transaction which, if it proceeds, is slated to be the largest ASX listing of 2016).

  • Centuria Property Funds Limited

    Advising Centuria Property Funds Limited (as responsible entity of the Centuria Metropolitan REIT No. 1 and Centuria Metropolitan REIT No. 2 (together CMA)) on the offer of stapled securities in CMA and listing on ASX and underwriting arrangements. The offer consisted of an institutional offer, broker firm offer and a priority offer and raised approximately $114.3 m.

  • ING Real Estate Investment Management

    Advising ING Real Estate Investment Management on the phased withdrawal from its Australian real estate investment management activities including its management of five ASX-listed real estate investment trusts which had in excess of $7.2 billion in assets under management and its co-investment stake of around $150 million in those trusts.

  • CarLoans.com.au and Fleet Choice

    Acting for the sellers of CarLoans.com.au and Fleet Choice and co-ordinated vendor due diligence in a strategic private equity acquisition by Eclipx Group in preparation for IPO and ASX listing.

  • Broken Hill Prospecting

    Advising Broken Hill Prospecting on its rights issue and with the preparation of its prospectus. We have also advised numerous other small cap ASX-listed entities on secondary capital raisings and underwriting arrangements.

  • Nine Entertainment Group

    Advising a group of ten hedge fund investors on their involvement in the Nine Entertainment Group restructuring including its scheme of arrangement and relisting on the ASX. This was the largest and most complex restructuring of 2013 in Australia and won the 2013 ALB Australasian Law Award for Australian Deal of the Year and Insolvency & Restructuring Deal of the Year.

  • Natasa Mining Limited and Sunshine Heart Inc

    Advising Natasa Mining Limited and Sunshine Heart Inc on the restructuring steps and regulatory processes required to re-domicile their respective corporate entities, working closely with their respective tax advisers. We also advised Sunshine Heart Inc on its ASX listing and offer of CDIs.

Testimonials / Third Party Endorsements

  • Chambers Asia-Pacific 
    Corporate/M&A
    2016, 2015, 2014, 2013, 2012

  • The Legal 500 Asia Pacific
    Corporate and M&A
    2016, 2015, 2014, 2013

  • IFLR 1000
    Mergers & Acquisitions
    2016, 2015, 2014, 2013, 2012

Robert Tracy

Partner

61 419 012 941

61 2 9947 6309

robert.tracy@hdy.com.au

Edward (Ted) Nixey

Partner

61 419 688 872

61 2 9947 6738

edward.nixey@hdy.com.au

Ben Mortimer

Partner

61 402 890 720

61 2 9947 6647

ben.mortimer@hdy.com.au