Compliance & Ethics

ASIC's Form 408 is the notice that registered foreign companies must lodge when they open, move, or discontinue a share register in Australia under section 601CM of the Corporations Act 2001. The form carries a 14-day lodgement period and late fees, so compliance teams at affected entities need controls to meet the deadline. The document appears to be an existing form and guide (dated 2011 and 2016), not a new regulatory change.

ASIC's Form 205 is the mandatory notification a company must lodge after passing certain resolutions, including name changes, constitution amendments, company type changes, and winding up decisions. The document is a form and guide dated 1 March 2017, not a new rule, so no substantive change is being introduced. Compliance and company secretarial teams should confirm their lodgement processes, signatory authority, and fee and late-fee controls are sound.

Christos Gortsos, a member or alternate member of the Board of Appeal of the European Supervisory Authorities (ESAs), has filed a declaration of commitment and interests under Article 59(6) of the ESA founding Regulations. The declaration affirms independence, public-interest decision-making, and the absence of interests that could prejudice impartiality. It is routine governance disclosure rather than a new obligation, but it supports the integrity of the appeals process available to supervised firms.

ASIC's Form 207Z requires a company director or secretary to certify that a written contract for a non-cash share issue has been duly stamped under applicable state and territory stamp duty laws. The form must be lodged with a Form 484 within 28 days. Compliance teams should confirm that corporate secretarial processes capture this requirement, because late lodgment can trigger fees and a false certification creates liability exposure.

ASIC Form 489 is the mechanism registered foreign companies and registered Australian bodies must use to notify changes to their registered office, office hours, or registered office in the place of origin. Lodgement periods are short (7 days for Australian changes, 1 month for overseas changes), and late fees apply, so compliance teams need clear internal triggers and ownership for these notifications. The document is a form and guide dated 2013/2014, not a new rule, although it is listed with a 2026 date.

ASIC's Form 281 requires companies to give advance notice of certain share buy-backs under section 257F(2)(b) of the Corporations Act 2001. The notice must be lodged at least 14 days before the relevant date, and which buy-back types trigger it depends on specific conditions. Missing the deadline or choosing the wrong procedure can compromise the validity of a buy-back, so compliance teams should confirm the lodgement logic before any transaction.

ASIC has published Form 5284 and its guide, which govern how a corporate collective investment vehicle (CCIV) notifies changes to its registered office or principal place of business address under the Corporations Act 2001. Compliance teams must lodge within 28 days of the change or risk late fees. They must also meet strict address, consent, and signatory requirements. Note that the form version is dated 1 July 2022, so this appears to be a republication of existing requirements rather than a new rule.