Category: Personal Product & Services
Reasons behind Lance Rosenberg’s Ban Overturn
The Administrative Appeals Tribunal (AAT) have overturned the banning order that was being imposed by ASIC to Mr. Lance Rosenberg (Director of Tricom Equities Limited) from having to provide financial services for 4 years. Though the process of its decision is still there for the review, there are actually some interesting comments which have been made.
The conduct giving actually caused towards the banning order that’s related with the actions of Mr. Rosenberg with regards to the securities which Tricom and was held by it as a security for loans had an on-lent to Opes Prime. Opes Prime also had administrators that were appointed back in March 27, 2008. Having on-lent securities to Opes Prime as becoming concerned on the ability of Tricom in recovering from securities, Rosenberg actually spent days for them to get good advice from corporate advisers and from insolvency securities with regards to options on how you can recover it.
Before putting in place the special crossing, Rosenberg actually continued on with the communication with the ASX about the position. When he was in the special crossing, Rosenberg later on negotiated with lenders and was able to settle the crossing before it was due in order to finance the acquisition of securities and in cancelling the special crossing.
The AAT also considered different expert evidence and the ASX Listing Rules to the case where they relate to the off market transactions like special crossings and the information which is available for investors with regards to such transactions.
The AAT also sees such special crossing as off market transactions to where transactions which is specific on ASX had been transacted off market through a special crossing price and comes with no relation on its market prices for security.
This is where the AAT came to the conclusion that the evidence that was provided by the ASIC didn’t make it out that the relevant sections of Corporations ACT were contravened. An addition on the question of evidence with regards to the particular contraventions is that the context on making the banner order was being considered.
The AAT also considered that the case of the banning order must be discretionary and it has to never be required to being imposed by the ASIC. The main purpose of the banning order is to protect the public as well as to act as a deterrent to the concerned person as well as other participants in the market.
The case of providing the necessary comfort to directors while an ASIC delegate takes the action under time pressure through difficult time is in breach or does not go along with the law. The AAT also considers much broader set of circumstances in various options to a director that also includes those available for Mr. Rosenberg to seek recovery from the securities and off market transactions was also unlikely to prejudice the investing public.
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