ASIC Form 5284 Sets Requirements for CCIV Registered Office and Business Address Changes

Key Takeaways

• ASIC has published Form 5284 and its guide, which govern how a corporate collective investment vehicle (CCIV) notifies changes to its registered office or principal place of business address under the Corporations Act 2001.
• Compliance teams must lodge within 28 days of the change or risk late fees.
• They must also meet strict address, consent, and signatory requirements.
• Note that the form version is dated 1 July 2022, so this appears to be a republication of existing requirements rather than a new rule.

Deep Dive

ASIC has published Form 5284 and its guide, which govern how a corporate collective investment vehicle (CCIV) notifies changes to its registered office or principal place of business address under the Corporations Act 2001. Compliance teams must lodge within 28 days of the change or risk late fees. They must also meet strict address, consent, and signatory requirements. Note that the form version is dated 1 July 2022, so this appears to be a republication of existing requirements rather than a new rule.

Form 5284 is the prescribed notice under sections 142(2) and 146(1) of the Corporations Act 2001. A CCIV uses it to notify ASIC of a new registered office address, a new principal place of business address, or both. The form dates from 1 July 2022 and the content shows no substantive amendments, so teams should treat this as a reminder of existing obligations. They should confirm they are using the current version of the form. Because the CCIV regime relies on a corporate director structure, the obligations sit with the corporate director and its officeholders.

Key requirements include the following. The notice must be lodged within 28 days after the date of change, and also within 28 days after the issue of the annual company statement. A registered office change takes effect 7 days after lodgement or on a later date specified in the notice. Future-dated changes are permitted only for the registered office and principal place of business addresses. Both addresses must be physical street addresses with a street number. PO boxes and descriptions such as "corner of Smith St and Jones Rd" are not acceptable. If the CCIV does not occupy the registered office premises, the form must name the occupier and confirm the occupier's written consent, which has not been withdrawn. The form must be signed by a current director or secretary of the corporate director, and a resigning officer's signature is not acceptable. A form is not treated as lodged until ASIC receives it and accepts it as complying with s1274(8). ASIC issues a receipt only on request.

Late fees create direct financial and operational exposure. A late lodgement fee applies to changes notified outside the 28-day window, and only one fee applies per form even if multiple changes are notified. Separate late review fees apply if company details are not updated within 28 days of the annual statement. Both fees can apply to the same change. Annexures must meet formal standards: A4 paper, CCIV name and ACN, consecutive page numbering, the prescribed endorsement, and a signature from the same signatory as the form. Non-conforming annexures risk rejection, which would delay lodgement.

Recommended actions: (1) Add address changes to change-management and corporate secretarial workflows, with a trigger to lodge within 28 days. (2) Maintain a register of registered office occupier consents and review it when premises change. (3) Confirm the signatory is a current officeholder of the corporate director and keep evidence of authority. (4) Diarize annual statement issue dates and the 28-day review window. (5) Validate addresses against the street-address rule before submission. (6) Retain proof of lodgement and ASIC acceptance, requesting a receipt where needed. (7) Review the privacy implications, as the form may contain personal information that becomes part of the public register.

Risk impact is moderate. Failing to comply is unlikely to cause systemic harm, but it can lead to late fees, an inaccurate public register, missed ASIC or investor correspondence, and potential regulatory scrutiny of the corporate director's governance. Using an unconsented or invalid address could also undermine service of legal documents on the CCIV.

Source: Australian Securities and Investments Commission