ASIC Form 361 Lets Registered Agents Notify Cessation of Acting for Companies

Key Takeaways

• ASIC's Form 361 is the mechanism by which registered agents notify ASIC that they have ceased to act for one or more companies.
• It is not a new rule: the document is a form and guide dated 2011 and 2015, though it is labeled as a 2026 press release.
• Compliance teams should treat it as a reminder to confirm that agent offboarding and corporate records processes are accurate and current.

Deep Dive

ASIC's Form 361 is the mechanism by which registered agents notify ASIC that they have ceased to act for one or more companies. It is not a new rule: the document is a form and guide dated 2011 and 2015, though it is labeled as a 2026 press release. Compliance teams should treat it as a reminder to confirm that agent offboarding and corporate records processes are accurate and current.

Key requirements are straightforward. The agent must provide its registered agent name, number, and postal address, and list each affected company with its ACN or ABN. The registered agent must sign and certify that the information is true and complete. There is no lodgement fee (nil). Additional pages may be photocopied, or annexures may be attached if they meet formatting rules: A4 paper, 10mm margins, company name and ACN or ARBN, consecutive page numbers, block lettering in dark ink, an identifying mark, the prescribed endorsement, and signature and date by the same signatory as the form. Lodgement is by mail to the Gippsland Mail Centre PO Box or electronically through the ASIC website.

The guide clarifies the form's scope. Since 1 July 2003, Form 361 only covers an agent ceasing to act. Companies use Form 362 to notify appointment or cessation of a registered agent, and Form RA01 covers agent registration, detail changes, or ceasing as an agent. Related Form 484 handles address changes. No deadline for lodgement is stated in the document, so teams must consult the Corporations Act and ASIC guidance for timing obligations.

Recommended actions: (1) confirm whether your organization acts as, or engages, registered agents and map where Form 361 sits in offboarding workflows; (2) ensure the correct form is used (361 versus 362 versus RA01) to avoid rejected or misfiled lodgements; (3) verify current form versions and electronic lodgement options on the ASIC website, since the referenced versions are dated; (4) retain signed copies and evidence of lodgement; and (5) handle personal information in line with ASIC's privacy policy and internal data protection requirements.

Risk impact is low. The main exposures are stale or inaccurate corporate registry records, misdirected statutory notices if an agent's cessation is not recorded, and administrative rejection from using the wrong form or defective annexures. Because the document announces no change, no immediate remediation is expected beyond routine process confirmation.

Source: Australian Securities and Investments Commission