Changes to how you lodge fundraising and corporate finance documents

On 27 July 2020, the ASIC Regulatory Portal will replace the existing submission channels for lodging fundraising and corporate finance documents with ASIC.

These documents will be submitted through the portal using online forms known as transactions. The new transactions available in the portal from 27 July 2020 are named:  

  • Lodge fundraising disclosure documents or statements.
  • Lodge takeover documents – target's statements and notifications.
  • Lodge takeover documents – bidder’s statements and notifications.
  • Lodge Scheme of Arrangement documents – explanatory statements and court orders.
  • Lodge compulsory acquisition and buy out notices.
  • Submit shareholder meeting materials – related party transactions or acquisition approvals.

Note: Applications for relief will also be submitted through the ASIC Regulatory Portal from 27 July 2020. For more information, see Changes to how you apply for relief.

Register your portal account

Anyone required to use the portal to transact with ASIC will need to register their own account.

Selecting the ‘I just want to register’ tile on the registration page is an easy way to set up an account.

Your account will contain a record of all the transactions you submit on the portal.

Benefits of using the portal:

  • Structured online transactions with mandatory fields and questions that make it easier for stakeholders to ensure the information ASIC requires is provided upfront. Links to the relevant ASIC regulatory guidance will be included.
  • Track the status of your transactions via your portal account.
  • Correspond with ASIC online about submitted transactions.
  • Fee estimates automatically calculated based on the information provided in the transaction.
  • Online payment options and a record of invoice history.
  • Attach supporting documentation.
  • Invite others to act on your behalf in the portal.
  • Restrict access so only select users can see and access your transactions in the portal. 

Other key points

  • While the lodgment channel is changing, ASIC’s approach to reviewing fundraising and corporate finance documents is not.
  • OFFERlist is a public database of fundraising documents lodged with ASIC. We are updating the database with a cleaner look and feel and faster search. Its name will also change to ‘Offer Notice Board’.
  • Notification requirements for Product Disclosure Statements that are not lodged with ASIC under s1015B of the Corporations Act (Form FS88, FS89 and FS90 PDS-in-use notices) will continue to be made using the existing submission channels.

Frequently asked questions

If you have any questions about this change you can send them to applications.lodgments.feedback@asic.gov.au.

What is the ASIC Regulatory Portal?

The ASIC Regulatory Portal will become your central access to our growing suite of regulatory services, which are being consolidated onto the portal over time.

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Can I register on the portal now?

You can register for portal access at any time.

Anyone required to use the portal to transact with ASIC will need to register their own account.

Selecting the ‘I just want to register’ tile on the registration page is an easy way to set up an account.

For more information on how to register, see our user guide.

Note that many entities already have portal accounts for breach reporting and their annual industry funding obligations.

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Can someone act on my behalf in the portal?

  • Yes. If you would like someone to act on your behalf in the portal, you first need to invite them to connect to your account.
  • When inviting someone to connect you can define their Access level to control what they can and can’t do on your behalf. For example, you can authorise a trusted representative such an associate or agent to launch and edit a transaction, but not submit it.
  • There are four Access levels – Senior administrator, Administrator, Approver and Editor.
  • Only the Senior administrator or an Administrator of the account can invite other users to connect. If you registered the account, you will be the Senior administrator by default.
  • The person you invite will receive an email with an invitation key. The invitee will need to register an account of their own if they don’t have one already.
  • For more information, including on how to invite someone to connect to your account, see the Administration section on the FAQ page.

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Can I represent another entity (such as a company) in the portal?

  • You can submit the new transactions on behalf of other entities from your own portal account. The transactions in the portal are structured to make it easier for you to ensure the information ASIC requires is provided upfront.
  • Alternatively, to connect to the account of an entity (such as a company) and to act on its behalf in the portal, you must first be invited by the Senior administrator or an Administrator of that entity’s portal account.
  • See also:

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How do I connect my portal account to a company?

Only a Director or Secretary of the company can perform the initial registration (explained below). They can then invite others to connect and act on their behalf. Many companies should already be registered on the portal to meet their annual industry funding obligations.

For more information on how to connect your portal account to another entity such as a company, see How do I connect my portal account to an entity, or multiple entities.

Steps to perform initial registration:

  1. Go to the registration page - https://regulatoryportal.asic.gov.au/registration/
  2. Select ‘I want to act on behalf of a registered company or body’ tile.
  3. In the ‘Entity type' drop-down list select ‘Australian Registered Company’ and provide the relevant information to register. You will need to have the following on hand:
    • ASIC Identifier (Australian Company Number (ACN),
    • Corporate Key (for more information, see Corporate Key.
  4. Provide some personal contact details.
  5. Make final declaration.

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How do I connect my portal account to a partnership?

A partner of the partnership must perform the initial registration (explained below). They can then invite others to connect and act on their behalf.

You can only register as a portal user and connect to a partnership on the portal if the partnership exists on ASIC’s records and is regulated by ASIC. For example, the partnership holds an Australian Credit or Australian Financial Services licence.

For more information on how to connect your portal account to another entity such as a partnership, see How do I connect my portal account to an entity, or multiple entities.

Steps to perform initial registration:

  1. Go to the registration page - https://regulatoryportal.asic.gov.au/registration/
  2. Select ‘I want to act on behalf of a registered company or body’ tile.
  3. In the 'Entity type' drop-down list select ‘Other
  4. In the ‘Category’ drop-down list select ‘Partnership’ and provide the relevant information to register. Have either of these on hand to progress:
    • Australian Business Number (ABN) and ASIC key in relation to ABN
    • Australian financial services licence number and ASIC key in relation to an Australian financial services licence numbe
    • Australian credit licence number.
  5. Confirm that you are a current partner of the partnership.
  6. Provide some personal contact details.
  7. Make final declaration.

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What are Access levels?

There are four Access levels – Senior administrator, Administrator, Approver and Editor.

  • Senior administrator – can launch, edit and submit a transaction, invite other users to the entity and view other administrative details for an entity
  • Administrator – can launch, edit and submit a transaction and invite other users to the entity.
  • Approver – can launch, edit and submit a form or transaction, and view other administrative details for an entity. Firms may invite senior staff to this level of access, so they can submit a transaction after a partner has approved the initial draft.
  • Editor – in general, can launch and edit a form and transaction, but they cannot submit it.

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Can I restrict access to specific transactions in the portal?

Yes. Once you (or anyone invited to act on your behalf) launch a form or transaction, the portal will direct you to a transaction settings page. The transaction settings page asks if you want to restrict access to the transaction. To restrict access, click Yes – restrict access. This will take you to a set restrictions page, which allows you to select users on that account who can access the transaction.

Once you have set the restrictions for a transaction, you also have the option to add or remove users later.

More information on restricting access to transactions is on the FAQ page.

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When will ASIC tell me more about this change?

ASIC will publish more information about each transaction and how they work in the portal in the coming weeks

If you have any questions about this change you can send them to applications.lodgments.feedback@asic.gov.au.

Subscribe to our mailing list if you would like to be updated about this change.

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What's new

More releases on fundraising

Last updated: 04/06/2020 09:21