The Unfair Contract Terms (UCT) regime is being updated to broaden its application and impose penalties for breach.
Byline: Travis Johnson
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Changes to the Unfair Contract Terms regime with increased penalties from 9 November — here’s what you need to know!
The Unfair Contract Terms regime (UCT) is intended to prevent businesses with a stronger bargaining position from relying on unfair terms in standard form contracts with consumers and/or small businesses.
Have you got your director ID yet?
- Prospective directors must obtain a director ID number before appointment.
- Existing directors must obtain their director ID numbers by 30 November 2022.
Electronic signing here to stay – at last
- Temporary measures to allow for virtual meetings, electronic signing and distribution of corporate documents by corporations have been permanently enacted.
- Additional changes have been introduced to modernise and update the Corporations Act 2001 (Corporations Act).
Director Identification Number – changes to the regime
Under changes to the Treasury Laws Amendment (Registries Modernisation and Other Measures) Act 2020 (Cth) introduced in June 2021, all directors will be required to verify their identity as part of a new Director Identification Number (director ID) requirement.
Significant reform on the horizon for Australia’s foreign investment review framework
The Government has announced proposed changes to the foreign investment review framework to take effect 1 January 2021 following the temporary measures imposed in March 2020.
Treasurer announces changes to meeting procedures and document signing requirements
In further recognition of the difficulties faced by companies in meeting strict corporate compliance requirements in a COVID-19 environment, the Treasurer released yesterday a ministerial determination permitting company general meetings to be held virtually and modifying the way companies can execute documents.
Time extension for lodgement of corporate reports in impaired COVID-19 business environment
- ASIC has recently announced a one month extension for the lodgement of corporate reports
- Extension is available to unlisted entities.
Suspension of monetary thresholds for transactions requiring FIRB approval
From 10:30 pm, 29 March 2020, the monetary thresholds for substantial interests attracting the obligation to obtain Foreign Investment Review Board (FIRB) approval have been reduced to $0.
Smart contracts – transacting in the digital era
Since the launch of Bitcoin in 2009, more and more people have become aware of blockchain technology, and its potential to revolutionise payments systems. However, blockchain has many applications beyond cryptocurrency. ‘Smart contracts’ – computer code which execute the terms of an agreement have the potential to revolutionise commercial transactions.