Schemes, Takeovers and Himalayan Peaks

The Use of Schemes of Arrangement to Effect Change of Control Transactions

By: Tony Damian, Andrew Rich

Publisher: Unknown
Published: 2013
Language: Unknown
Format: BOOK
Pages: 753
ISBN: 9780987519108

About This Book

Schemes, Takeovers and Himalayan Peaks is the leading Australian book on the use of schemes of arrangement to effect changes of control of listed and widely held Australian companies. Written by Tony Damian and Andrew Rich, two experienced public M&A partners at international law firm Herbert Smith Freehills, the third edition provides a comprehensive review of the law and practice of schemes of arrangement and a detailed examination of the policy and regulatory issues relevant to this dynamic area.

AI Overview

"Schemes, Takeovers and Himalayan Peaks: The Use of Schemes of Arrangement" is a comprehensive legal text written by Tony Damian and Andrew Rich. Here is a detailed overview of the book:

Key Themes

The book focuses on the use of schemes of arrangement in Australian corporate law, particularly in the context of changes of control and corporate restructuring. It covers a wide range of topics including:

  • Members' Schemes of Arrangement: These are used to effect changes of control in widely held companies.
  • Creditors' Schemes of Arrangement: These are employed for corporate restructurings.
  • Trust Scheme Mergers: The book discusses the legal aspects of merging trusts.
  • Reverse Takeovers: It provides analysis on the legal framework surrounding reverse takeovers.
  • Private Equity Deals: The text examines the role of private equity in corporate transactions.
  • Demergers, Stub Equity Structures, Joint Bids, Redomiciliations, and Amalgamation and Reconstruction Transactions: These topics are also extensively covered, offering a holistic view of corporate transactions in Australia.

Plot Summary

The book is not a narrative but a legal treatise. It provides a detailed analysis of the legislative and policy responses to the use of schemes of arrangement. It traces the evolution of the law and practice in this area, including the numerous legal challenges that have arisen. The text is structured to provide a comprehensive review of the law and practice, making it a valuable resource for legal professionals, academics, and students.

Critical Reception

The book has received positive reviews for its comprehensive coverage and detailed analysis of schemes of arrangement. It has been described as the "pre-eminent text" on schemes of arrangement in Australia, reflecting its authoritative status in the field. The fourth edition, released in 2021, has been particularly well-received for its extensive updates, including over 800 new cases and a significant increase in page count compared to the previous edition.

Editions

The book has undergone several editions, with the first edition published in 2004 and subsequent editions released in 2013 and 2021. The fourth edition is the most recent and is considered a major update, reflecting significant policy and technical developments in the use of schemes of arrangement since 2013.

In summary, "Schemes, Takeovers and Himalayan Peaks" is a seminal work in Australian corporate law, offering a thorough examination of schemes of arrangement and their applications in various corporate transactions. Its critical reception highlights its importance as a reference text for legal professionals and scholars.