Compliance & Ethics

ASIC's Form 281 requires companies to give advance notice of certain share buy-backs under section 257F(2)(b) of the Corporations Act 2001. The notice must be lodged at least 14 days before the relevant date, and which buy-back types trigger it depends on specific conditions. Missing the deadline or choosing the wrong procedure can compromise the validity of a buy-back, so compliance teams should confirm the lodgement logic before any transaction.

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.

ASIC Form 131 must be lodged within 7 days after notice is given of a members' meeting or written consent process for certain demutualization-related changes at unlisted companies that were formerly transferring financial institutions. The form requires a registered disclosure statement, an estimate of member financial benefits, and an independent expert report. Compliance teams should treat the lodgement deadline and attachment requirements as a control point, since late fees apply and a defective form is not considered lodged.

The Board of Appeal of the European Supervisory Authorities (ESAs) published a declaration of commitment and interests from an alternate member, as required under Article 59(6) of the ESA founding regulations. The document is routine and creates no new obligations for financial institutions, but it reflects the independence safeguards that support the credibility of Board of Appeal decisions. Compliance teams should treat it as a governance reference point, not an action item.

Japan's Financial Services Agency promulgated Cabinet Office Ordinances implementing parts of the 2023 amendments to the Financial Instruments and Exchange Act (FIEA) and the Act on Transfer of Corporate Bonds, Stocks, etc. The ordinances establish the matters needed to digitize adjudication procedures for administrative monetary penalty payment orders under the FIEA and the Certified Public Accountants Act, and take effect on November 30, 2026. Compliance teams should prepare for electronic handling of enforcement-related proceedings.

ASIC's Form 206 is the mandatory application for changing a company's type under sections 162-167AA of the Corporations Act 2001, such as converting between proprietary, public, unlimited, no liability, and guarantee structures. Each conversion path carries its own signature, attachment, and special resolution requirements. Compliance teams should verify the correct pathway before lodging to avoid rejected or delayed applications.

ASIC's Form 5289 is the prescribed notice that a CCIV (Corporate Collective Investment Vehicle) sub-fund's responsible person must lodge when fees and charges in the PDS's enhanced fee disclosure table change. The lodgement window is short, at 5 business days, and late fees apply. Compliance teams should confirm that fee-change processes trigger this notice on time.