| Abstract: | Deregulation of Australia's commercial trading environment during the 1980s spawned two major financial instruments for company groups: negative pledge and class order deed of cross guarantee. Both instruments were premised on the pari passu or creditor equality principle. If is informative for the future analysis of those financial instruments to consider their background, their commercial features and interconnections. Also, it is crucial to consider the connection between the old NCSC Class Order Deed of Indemnity and the newer AS C Deed of Cross Guarantee. This article provides preliminary evidence on the incidence of the new deed relative to its predecessor. It also considers the costs and benefits of the Deed of Cross Guarantee, including the illusory nature of the quid pro quo protections provided to creditors in return for allowing "closed-group" companies to gain accounting and auditing relief from statutory reporting requirements. |
