Offences
- Carrying on business using “Limited”, “No Liability” or “Proprietary” in name
- Good faith, use of position and use of information—criminal offences
- Listed company—director to notify market operator of shareholdings etc.
- Disqualified person not to manage corporations
- Proxy vote if appointment specifies way to vote
- Public company must hold AGM
- Lodgment of annual reports with ASIC
- Lodgment of half-year reports with ASIC
- Officers to report to controller about corporation’s affairs
- Directors to help administrator
- Directors to help administrator
- Information about the company’s affairs
- Officers to help liquidator
- Liquidator’s rights to company’s books
- Director’s duty to prevent insolvent trading by company
- Offences by officers of certain companies
- Incurring of certain debts; fraudulent conduct
- When a managed investment scheme must be registered
- Prohibition on certain acquisitions of relevant interests in voting shares
- Continuous disclosure—listed disclosing entity bound by a disclosure requirement in market listing rules
- Need for an Australian financial services licence
- Providing financial services on behalf of a person who carries on a financial services business
- Effect of banning orders
- Financial services licensee to prepare and lodge annual profit and loss statement and balance sheet
- Market manipulation
- False trading and market rigging—creating a false or misleading appearance of active trading etc.
- False trading and market rigging—artificially maintaining etc. trading price
- Dissemination of information about illegal transactions
- False or misleading statements
- Inducing persons to deal
- Dishonest conduct
- Prohibited conduct by person in possession of inside information
- Registers
- Falsification of books
- False or misleading documents
- False information etc.
- Obstructing or hindering ASIC etc.
- Automatic disqualification—convictions, bankruptcy and foreign court orders etc
- Part 9.4 Divisions 2 Offences generally
Corporations Act
The Corporations Act is the legislation that deals with the regulation of corporations and financial markets.
It is administered, largely by the Australian Securities and Investments Commission who are responsible for investigating allegation of breaches of the rules and laws regulating markets and corporations.
The consequences of breaching the civil penalty provisions and offences set out in the Act can be severe.
This section of the website is not designed to replace the Act, quite the contrary, it is designed to highlight the more frequently prosecuted offences by ASIC and the Commonwealth Director of Public Prosecutions. In many instances, the sections have been interpreted rather than copied, absolute reliance on the contents of this site is not advised, this is intended to be a guide only and not a substitute for the Act and properly informed legal advice.
If you have been charged with a Corporations Act offence and you would like assistance to understand your options, JSA NSW, have NSW Law Society recognised Accredited Specialists in criminal law, with decades of experience acting for people charged with Corporations Act offences. Call 02 8080 8055 for personalised advice and service.