Reminder of FIRB approvals when structuring resource transactions

摘要

Despite the continued uncertainties of 2012, there are signs of a possible upturn in cross-border M&A activity with many global companies with a favourable balance sheet looking to take advantage of Australian resources companies and projects with relatively low asset prices. For a successful cross-border M&A transaction involving an Australian resources company, the parties must bear in mind from a deal structuring perspective the potential application of the Commonwealth's Foreign Acquisition and Takeovers Act 1975 (FATA), associated regulations and/or Australia's Foreign Investment Policy.