ASIC requirements for storing signed documents lodged online

The minimum requirements for registered agents to store documents lodged electronically can be found in ASIC's Electronic Lodgement Protocol (ELP).

Generally, forms and documents must be kept for a period of seven years and in some instances must include original signed paper copies.

Clause 8 (Special Conditions) of the ELP identifies specific forms that must kept by either the registered agent or the company or licensee. ASIC may request to see the signed paper copy of those forms.

Lodgers impacted by this requirement should familiarise themselves with the relevant sections of the ELP.

Examples of relevant clauses

Clause Requirement
Clause 8.3 A Notification of appointment or cessation of a registered agent (Form 362) signed by a director or secretary of the company must be kept by the agent for seven years from the date of signing.
Clause 8.6

Documents, statements and reports for the following transactions must be held for seven years from the date signed and transmitted to ASIC by the Agent:

  • Copy of financial statements and reports (Form 388)
  • Notification of half yearly reports (Form 7051)
  • Statement to verify financial statements of a foreign company (Form 405)
  • Annual return of a foreign company (Form 406)
  • Australian Financial Services Licensee profit and loss statement and balance sheet (Form FS70) and
  • Auditor's Report for AFS Licensees (Form FS71)
Clause 8.8 A 'signed copy' is a paper printout of the Electronic Document that is physically signed or a paper document that corresponds to the electronic document that is physically signed.

Good record-keeping principles should be followed. ASIC may request information from registered agents to verify that the agent had sufficient approval to lodge documents on behalf of a company. This ensures agents are complying with our expectations as set out in the Form RA01 Notification to register, change details of or cease as an agent (Form RA01) Guide.

The Corporations Act outlines requirements for companies about their books and records. The company must decide how they manage this.

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Last updated: 17/10/2018 12:24