- Who we may contact
- What you will need to do
- Current company compliance programs
- Compliance tools
We deliver a wide range of compliance programs aimed at ensuring companies, schemes and various individuals and entities meet their obligations under the Corporations Act 2001 (Cth) (Corporations Act).
We encourage high levels of voluntary compliance by being up-front about our educative and enforcement strategies and helping companies and officeholders comply with their obligations.
Even if officeholders appoint an agent to look after their company's affairs, the officeholder — not the agent — will still be held responsible for those legal obligations.
Enforcement programs support our educative strategies where necessary. If a company still fails to comply with the requirements of the law we can obtain an order from the Court or even take criminal action against a company officeholder.
We direct our attention to areas that are likely to have the biggest impact on levels of voluntary compliance.
We will help companies and their officeholders to:
- understand their rights and responsibilities under the Corporations Act
- make it simpler to comply
- provide support to those who want to comply, and
- ensure there are real and tangible risks for those that don’t comply.
Who we may contact
We may contact:
- companies that:
- fail to meet officeholder requirements
- have not lodged their financial reports
- we believe have incorrect information on ASIC's corporate register
- managed investment schemes that have not lodged their financial reports and/or their compliance plan audit reports
- foreign companies that have not lodged their financial reports or annual return
- registered Australian bodies.
What you will need to do
When you receive a letter from us you must comply with the request outlined in the letter. This may involve responding to our query, lodging the required documents or confirming your company details.
If you do not respond to our first letter, we may take further action. This may include further warning letters, s1247(11) notices, court action or in some cases deregistration.
Current company compliance programs
- Unlisted public companies: Financial reports
- Managed investment schemes
- Identifying large proprietary companies
- Minimum number of officeholders
- Foreign companies: Financial statements (Form 405 or 406)
- Registered Australian bodies
- Australian financial services licensees: Financial reports (FS70 and 71)
- Annual review address integrity
- Non-payment of annual review fee
There are a number of tools including compliance letters and forms that may be used in a company compliance program, including:
- Compliance notice (return of particulars)
- a warning letter
- a notice under s1274(11)