As a large, resource rich country with relatively high demand for capital, Australia relies heavily on foreign investment to fund significant projects.
Inbound investment is regulated by the Foreign Investment Review Board (FIRB) which determines whether or not to allow certain foreign acquisitions of interests in Australian companies, assets or businesses. Acquisitions will be prohibited if they are found to be contrary to the Australian national interest.
Obtaining FIRB approval for foreign investment is a threshold issue for proposed transactions.
Whether you operate a local business and are seeking investment from overseas, or are a foreign investor looking to acquire an interest in an Australian business, company or assets, an understanding of the FIRB notification and approval requirements is vital.
Failure to obtain FIRB approval when required could have significant consequences for investors, as well as the company or business in which the investment is made.
Our FIRB legal team draws on expertise in resources, mergers and acquisitions, property, finance and taxation to provide practical FIRB advice and assistance. We deal regularly with FIRB in gaining approval for foreign investment and this close contact provides us with a detailed understanding of how the complex rules and regulations are applied in practice.
The national interest test....
Foreign investment over a certain amount is subject to a national interest test, so it’s vital that applications properly address these issues and detailed criteria. Our expertise and current experience means we are across these issues and will be able to ensure your application has the best chance of success.
Foreign government investors face even more strenuous FIRB notification and approval requirements. We also have extensive experience advising and assisting these investors through the process to achieve the most advantageous results within the existing legal and policy framework.
We continue to stay at the forefront of developments and government policy so that we can advise our clients on the current law and policy, as well as the prospects for change that may impact on proposed investments.
Your success is important to us, so our advice is tailor-made and precise, outlining risks as well as benefits - so you can maximise every opportunity and be prepared for the next challenge.