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
Lodgment of annual reports with ASIC
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Offence title: |
Lodgment of annual reports with ASIC |
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Act: |
319 Corporations Act |
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Offence: |
(1) A company, registered scheme or reporting entity must lodge its Division 1 financial year report with AISC. This obligation extends to a concise report under s. 324.
(1AA) A notified foreign passport fund must lodge each of the following with ASIC for each financial year for the fund: (a) a copy of a report for the fund for the year, prepared in accordance with the financial reporting requirements applying to the fund under the Passport Rules for the home economy for the fund; (b) a copy of each auditor’s report that relates to the report mentioned in paragraph (a).
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Penalty: |
120 penalty units. |
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Summary/Indictable/mixed: |
Summary |
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Jurisdiction: |
Local Court |
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How committed: |
(1) A public company fails to file necessary reports in accordance with this regime requirements.
(1AA) A notified foreign passport fund fails to lodge report with ASIC prepared under the financial passport requirements of the Passport Rules for the home economy of the fund, together with an auditor’s report. |
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Important note: |
Defences: (2) Subsection (1) does not apply to: (a) a small proprietary company that prepares a report in response to: i. a shareholder direction under section 293; or ii. an ASIC direction under section 294; if paragraph 292(2)(c) (about having CSF shareholders) does not also apply to the company for the financial year; and (b) a small company limited by guarantee that prepares a report in response to a member direction under section 294A or an ASIC direction under section 294B. (3) The time for lodgment is: (a) within 3 months after the end of the financial year for a disclosing entity, registered scheme or notified foreign passport fund; and (b) within 4 months after the end of the financial year for anyone else.
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