ASIC Form 210 Requires Notice of Special Share Rights Within 14 Days of Changes

Key Takeaways

• ASIC's Form 210 must be lodged with any document that attaches, varies, or cancels rights on issued or unissued shares, or that binds a class of members.
• The lodgement window is 14 days and a fee applies.
• Compliance teams should confirm that corporate secretarial processes capture these triggers, because late or missed lodgement creates statutory non-compliance exposure.

Deep Dive

ASIC's Form 210 must be lodged with any document that attaches, varies, or cancels rights on issued or unissued shares, or that binds a class of members. The lodgement window is 14 days and a fee applies. Compliance teams should confirm that corporate secretarial processes capture these triggers, because late or missed lodgement creates statutory non-compliance exposure.

The form implements Corporations Act 2001 sections 246F(3) and 163(2)(d)(ii). It applies to public companies, and to proprietary companies that have applied under Part 2B.7 to convert to public companies while the application is undetermined. It must be attached to each document, including any agreement or consent, that does any of the following:
- Attaches rights to issued or unissued shares.
- Varies or cancels rights attaching to issued or unissued shares.
- Varies or cancels rights of members in a class of members of a company without share capital.
- Binds a class of members.

The filer must provide an effective date and contact details, and certify that the attached documents are true copies. A director or secretary of the company must sign the form. The guide sets a 14-day lodgement period and notes that a lodgement fee applies. Annexures are permitted if space is insufficient, but they must meet formatting rules: A4 paper, a 10mm margin, company name and ACN, consecutive page numbers, an identifying mark, a prescribed endorsement, and signature and date by the same signatory as the form.

Recommended actions for compliance and corporate secretarial teams:
- Add Form 210 triggers to share issuance, constitution amendment, and class rights variation checklists.
- Calendar the 14-day deadline from the relevant event.
- Confirm that only authorized directors or secretaries sign.
- Verify that the current form version and fee schedule are used.
- Keep evidence of lodgement and the certified true copies.
- Review annexure templates for conformity.

Risk implications are moderate and mostly procedural. Missed or late lodgement can result in regulatory non-compliance, inaccurate public records, and uncertainty over the status of share rights, which can matter in capital raising, M&A diligence, and shareholder disputes. Because the form contains personal information, handling should also follow ASIC's privacy policy and internal data protection controls.

Source: Australian Securities and Investments Commission