ASIC Form 5109 Sets Notice Requirements When Temporary Responsible Entities Add a New Responsible En

Key Takeaways

• ASIC's Form 5109 is the notification a temporary responsible entity (RE) must lodge under s601FQ(4) of the Corporations Act 2001 when it asks to add a new responsible entity to a registered managed investment scheme.
• It matters to compliance teams because it is part of the governance process for scheme transitions after a court-appointed temporary RE.
• Lodgement errors or omissions could delay the transition or create regulatory exposure.

Deep Dive

ASIC's Form 5109 is the notification a temporary responsible entity (RE) must lodge under s601FQ(4) of the Corporations Act 2001 when it asks to add a new responsible entity to a registered managed investment scheme. It matters to compliance teams because it is part of the governance process for scheme transitions after a court-appointed temporary RE. Lodgement errors or omissions could delay the transition or create regulatory exposure.

Form 5109 (version dated 2 April 2024) is a notification, not a new rule. It applies where a court has appointed a temporary RE to a registered scheme and the temporary RE then seeks to add a new, permanent RE. The form is relevant to temporary REs, their directors and officers, incoming REs, legal advisers, and the scheme's former RE. The document is labeled a press release and dated 2026-09-16, but its content is the unchanged form, so teams should confirm whether any substantive change accompanies the republication.

The form requires lodgement contact details (name, registered agent number if applicable, entity name, ACN/ABN/ARBN/ARSN, phone, postal address, optional email) and scheme details (scheme name, ARSN, current RE name and ACN). It also requires details of the new RE: the date of the extraordinary resolution, company name, ACN, AFS licence number and an address, including a "care of" line where applicable. A director or secretary of the temporary RE must sign, certifying the information is true and complete. Forms must be mailed to ASIC at GPO Box 9827, Melbourne VIC 3001.

The only timing reference is in the form's note. A Form 5108 should have been lodged under s601FP(3) "as soon as practicable" after the court appointed the temporary RE. The form states no fixed deadline for Form 5109, so teams should confirm timing expectations against the Corporations Act and with legal counsel. Confirm that the incoming RE holds an AFS licence with the correct authorizations for the scheme, and that the extraordinary resolution date matches the records of the members' meeting.

Source: Australian Securities and Investments Commission