The recent collapse of Lehman Brothers and the subsequent
financial crisis has had far reaching consequences for many
organisations and government bodies worldwide. Australian local
government bodies, many of whom were encouraged to invest in
collateralised debt obligations (CDOs) which were
often promoted as having little financial risk, have not escaped
The US government's recent Emergency Economic
Stabilisation Act 2008 (Rescue Package) could
potentially increase the value of Lehman sponsored CDOs. This
E-Alert looks at the Rescue Package and what it may mean for
Councils who have invested in Lehman sponsored CDOs.
The Rescue Package provides the US Treasury Secretary with up to
US$700 billion to buy illiquid or troubled assets from financial
institutions. Broadly, the Rescue Package aims to restore
liquidity, stability and confidence in the financial system, to
decrease uncertainty, and to reduce the amount of financial loss
that would otherwise be suffered as a result of the financial
A fundamental part of the Rescue Package is the "Troubled
Asset Relief Program" (TARP). TARP allows the
US Treasury to purchase "troubled assets" with the
possibility of selling them back to the market when their market
value has increased. The US Treasury is also investigating other
methods of alleviating pressure on illiquid mortgage backed
securities like CDOs.
It is likely that many of the Lehman sponsored CDOs held by
Councils would qualify for support under the rescue package. If the
US Treasury buys or supports the CDOs, it is likely that there will
be an increase in value in the CDOs. In addition. it is believed by
some industry experts and others that if the Rescue Package
achieves its aim of restoring liquidity, stability and confidence
in the financial system, the market value of Lehman Sponsored CDOs
and other troubled assets should increase over coming years.
Some Australian Councils have recently received some good news
in relation to their investments in Lehman's Federation Notes
– it is understood those Councils will recoup the
original amount invested, plus interest, due to the sale of assets
backing the product.
In a further development overnight, the US Federal Reserve has
announced two new steps to help unfreeze US credit, committing up
to $US800 billion. $US600 billion of that money will be used to
purchase debt issued or backed by government-chartered housing
finance companies (such as Freddie Mac and Fannie Mae) and the
balance to support consumer and small business loans. Although it
is unlikely any of the Lehman sponsored CDOs will directly benefit
from this new initiative, the positive impact that the improved
rescue package is likely to have on the economy should benefit
investors in Lehman sponsored CDOs, if only indirectly.
It seems Uncle Sam is trying to help Australian Councils
(although perhaps not intentionally!). What happens in reality,
however, remains to be seen.
Exceptional Service Award Winner | 2007 BRW-St George Client
Australasian Legal Business 2008 Fast 10 Law Firms
EOWA Employer of Choice for Women 2004 - 2008
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
The 2009 Federal Budget contained good news with the announcement that the foreign investment fund (FIF) regime would be repealed. However, what would replace this regime has been subject to much speculation. With the release of draft legislation on 28 April 2010, we now have some appreciation of the scope of the new rules that will replace the FIF regime.
Lenders in New South Wales breathed a sigh of relief earlier this month when the Supreme Court ruled in Bank of Western Australia Ltd v. Primanzon  NSWSC 862 that two part-time commercial property investors could not claim relief under the Contracts Review Act 1980 (NSW) because the loans advanced to them were entered into in the course of a trade, business or profession carried on by them.
The Australian Government has recently passed legislation that has clarified and widened the definition of managed investment trusts (MITs) to apply to certain unregistered wholesale funds and government owned funds in respect of the withholding tax concession. This amended definition will also be relevant for trusts making the capital account election. These recent changes should attract further foreign investment in Australian funds, assist Australian fund managers to compete with fund manager
This update considers commercial and superannuation law issues of developing property through a unit trust structure.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).