Application for suppression of residential address and changes to suppressed addresses

This is Information Sheet 5 (INFO 5).

• How to make an application
• Once ASIC has granted approval
• Additional information
• Lodgement of applications

As a company director or secretary, you are required to give ASIC details of your usual residential address on various forms and applications that you lodge with us. Your address details form part of our public database and will be available to the public. In certain circumstances, it is possible to apply to ASIC for approval to have your usual residential address suppressed on our public database and, in its place, to use an alternative address (under s205D of the Corporations Act 2001).

You may be entitled to use an alternative address in place of your usual residential address in forms and applications lodged with us, and on our public database, if:

• the Australian Electoral Commission (AEC) has granted you 'silent enrolment' status. This means your name, but not your residential address, is on an electoral roll (under the Commonwealth Electoral Act 1918 because of section 104 of that Act); or
• your name is not on an electoral roll at all within Australia and ASIC determines, in writing, that including your residential address on our public database would put at risk your personal safety or the personal safety of members of your family.

Some forms or applications that normally require your residential address details to be included are:

• Application for registration as an Australian company (s117(2)) (Form 201)
• Change to company details (s205B) (Form 484 - online).
  Note: If you have your residential address suppressed, it’s important you advise a change of address by lodging a Form 379 Application for suppression of a residential address. If a change of address is lodged by a Form 484 Change of company details, the address will be available for public inspection and will appear on the public register.

If you are granted ASIC approval to use an alternative address, you may provide an alternative address in place of your usual residential address on these forms and applications when lodged with us. An alternative address must be within Australia and be one at which documents can be served on you. A post office box address is not acceptable. At any particular time, you may use only the one alternative address in all of your company roles.

How to make an application

There are two situations in which an application may be made. If your name and address are currently on the Australian electoral roll, go to Step 1 below. If your name is not on an electoral roll at all within Australia, go to Step 2 below.

An Application for suppression of a residential address (Form 379) is required for each person who needs their usual residential address suppressed on ASIC's public database.

1. If your name and address are on the Australian electoral roll

If your name and address are currently on the Australian electoral roll, you need to apply to the AEC for ‘silent enrolment’ status before you apply to ASIC to suppress your residential address. If silent enrolment status is granted, the AEC will remove your residential address from the electoral roll and will only display your name. You then lodge with ASIC an Application for suppression of residential address (Form 379).

On the Application for suppression of residential address (Form 379) you need to provide:

• your full name, date of birth and place of birth
• your usual residential address. This is the address that we will suppress on our public database.
• your alternative address. This is the address that we will show on our public database in place of your usual residential address.

NOTE: Attach to the Application for suppression of residential address (Form 379) a copy of the AEC's approval letter to confirm your ‘silent enrolment’ status.

The person whose address is to be suppressed must provide their original signature on the Application for suppression of residential address (Form 379). There is no fee for an Application for suppression of residential address (Form 379).

2. If your name is not on the Australian electoral roll at all

If your name is not on the Australian electoral roll, ASIC must determine in writing that including your residential address in forms and applications lodged with us, or on our public database, would put at risk your personal safety or the personal safety of members of your family. To enable us to make this determination, you will need to lodge with us:

• Application to use an alternative address (Form 378). There is an application fee of $49 for the Application to use an alternative address (Form 378).
• Statutory declaration. The Application to use an alternative address (Form 378) must be accompanied by a statutory declaration providing reasons why your personal safety or the personal safety of your family members is at risk.
• Application for suppression of residential address (Form 379). The requirements for the Application for suppression of residential address (Form 379) are the same as in Step 1 above, except the AEC's letter is not required in this situation.

Once ASIC has granted approval/making changes to a suppressed address

ASIC approval number

If we approve your application, we will send you a notice setting out an ASIC approval number. You should quote your approval number, next to your name and alternative address details, on any form that you lodge with us, that would normally require your residential address to be included.

Notifying ASIC of a change in address

After ASIC approval to use an alternative address is granted, you must notify ASIC of any change to your:

• usual residential address on an Application for suppression of residential address (Form 379) within 14 days of the change, and/or
• alternative address on an Application for suppression of residential address (Form 379) (not a Change to company details (Form 484 - online)) within 28 days of the change.

Quote the ASIC approval number on the Application for suppression of residential address (Form 379) when lodged.

If a change of address is lodged by a Form 484 Change of company details, the address will be available for public inspection and will appear on the public register.

Additional information

Using an alternate address where ASIC hasn't been notified of your appointment

If you have recently been appointed but ASIC has not been notified of your appointment, you can use an alternate address.

Contact us if you have been recently appointed to the company and need to use an alternate address.

Lodgement of applications

All applications to use an alternative address under section 205D(2) should be addressed to:

Attn: Alternative Address Officer
Australian Securities and Investments Commission
PO Box 4000
Gippsland Mail Centre VIC 3841

Important notice

Please note that this information sheet is a summary giving you basic information about a particular topic. It does not cover the whole of the relevant law regarding that topic, and it is not a substitute for professional advice.

You should also note that because this information sheet avoids legal language wherever possible, it might include some generalisations about the application of the law. Some provisions of the law referred to have exceptions or important qualifications. In most cases your particular circumstances must be taken into account when determining how the law applies to you.