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Nor should the law reduce the opportunity for Australian shareholders and the companies in which they invest to compete with shareholders from other jurisdictions in relation to securing finance.
Potential lenders to any Australian company will be confronted with higher risk on unsecured debts than before...
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That means interest rates charged on unsecured debt will increase to compensate for the increased risk. On top of that, debt investors, both in Australia and overseas, may be unlikely to acquire some corporate bonds in Australia, as such an investment would heighten their exposure to risk.
The bottom line here is that by affecting the opportunities for Australian companies to obtain debt finance or credit in the US the law disadvantages Australian shareholders, as increased cost or reduced availability of finance would have implications for companies...
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General points of the essay
A company is the property of shareholders, is an exploded myth
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