Registered foreign companies
Registered foreign companies to which s601CK(7) declarations apply
You are required to lodge annual return (Form 406) but not financial statements with ASIC.
The declaration is made in ASIC Corporations (Foreign-Controlled Company Reports) Instrument 2017/204 relieving those registered foreign companies which are:
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subject to similar restrictions to an Australian proprietary company,
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not large and
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not required to prepare financial statements in their place of origin,
from the requirement to prepare and lodge financial report with ASIC where either:
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they are not part of a 'large group' or
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a parent consolidates the registered foreign company for the entire financial year and lodges its financial statements with ASIC.
All other registered foreign companies
You must prepare
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financial reports
which are
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prepared in accordance with the law in the company's place of origin or
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prepared in accordance with Ch 2M of the Corporations Act (where reports not prepared in company's place of origin)
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audited as required with the law in the company's place of origin or
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audited if ASIC requires it (and not audited in company's place of origin), and
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sent to members if it is a requirement in the company's place of origin.
Disclosing entity provisions
Regulatory Guide 95 Disclosing entity provisions relief (RG 95) provides information about the application of the disclosing entity provisions to registered foreign companies. Download RG 95