ASIC Form 105 Cover Page Requirements for Lodging Office Copies of Court Orders

Key Takeaways

• ASIC's Form 105 is a cover page that must accompany each office copy of a court order lodged under the Corporations Act 2001.
• It is a procedural form and does not introduce new obligations, but errors in completing or lodging it can mean a filing is not treated as lodged and may incur late fees.
• Compliance and legal teams should confirm their lodgement processes match the form's requirements.

Deep Dive

ASIC's Form 105 is a cover page that must accompany each office copy of a court order lodged under the Corporations Act 2001. It is a procedural form and does not introduce new obligations, but errors in completing or lodging it can mean a filing is not treated as lodged and may incur late fees. Compliance and legal teams should confirm their lodgement processes match the form's requirements.

A separate Form 105 must be used for each court order and placed in front of the office copy. The form collects lodger contact details, the company or person's identifiers (ACN/ARBN/ABN, or the individual's name), the court and registry (Federal, Family, or Supreme Court), the date the order was obtained, and the proceeding number. The filer must also tick the correct order type. The categories cover constitutional matters (for example, s254E validating shares issued), internal administration (s235 oppression remedies), external administration (s411 schemes, s470 windings-up, s601AH reinstatements), takeovers, securities, and miscellaneous or other orders. No signature is required. The office copy must bear an original stamped or electronic court registry seal.

There is no separate lodgement period for the form. It must be lodged with the office copy within the time set for lodging the court order itself. A form is not lodged until ASIC receives it and accepts it as complying with s1274(8) of the Corporations Act. Late fees may apply, and ASIC issues receipts only on request. The form should be sent to ASIC at PO Box 4000, Gippsland Mail Centre VIC 3841.

Update lodgement checklists and templates so that one cover page is prepared per order. Add a quality check that the order-type box matches the order, that the court seal is valid, and that the contact details are current. Track lodgement deadlines by order date. Request receipts for time-critical filings, and keep evidence of lodgement. Because the form may contain personal information, handle it in line with ASIC's privacy policy and internal data handling standards.

The impact is low, but the main exposure is operational and legal. A wrong tick box, a missing cover page, or a missing seal could mean the order is not treated as lodged. That could delay registry updates, such as company reinstatement or winding-up status, and could lead to late fees or downstream legal uncertainty.

Source: Australian Securities and Investments Commission