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16-043MR ASIC publishes fourth report on corporate finance regulation
ASIC has today published its fourth report on the regulation of corporate finance issues in Australia.
The report, which covers the period July to December 2015, provides companies and their advisers with insights into ASIC's regulatory approach in the corporate finance sector and aims to assist them with their associated legal and compliance obligations. It also demonstrates the important role ASIC plays in facilitating business in Australia while ensuring that standards that benefit the investment community are maintained.
Report 469 ASIC regulation of corporate finance: July to December 2015 (REP 469) provides statistical data, highlights key focus areas, and includes relevant guidance about ASIC's regulation of:
- fundraising transactions
- mergers and acquisitions
- corporate governance issues
- related party transactions, and
- financial reporting
REP 469 details the approach ASIC takes in these areas, including the types of issues that have caused us to intervene, and our approach to novel issues seen in transactions during the period. The report also provides an overview of ASIC’s current policy initiatives in this space.
This fourth report discusses a number of regulatory initiatives ASIC has undertaken in relation to emerging market issuers, disclosure of historical information in prospectuses, review and monitoring of control transactions and sunsetting of class orders.
ASIC Commissioner John Price said, 'I recommend ASIC's corporate finance report to professionals working in this space who seek to understand ASIC's approach to corporate finance regulation. It helps ASIC connect with key stakeholders and complements ASIC’s twice-yearly Corporate Finance Liaison meetings held in capital cities around Australia.'
ASIC’s Corporations team and Emerging, Mining and Resources team are responsible for regulating disclosure and conduct by corporations in Australia, with a particular focus on corporate transactions, such as equity fundraising, takeovers, schemes of arrangement, share buy-backs, compulsory acquisitions, employee share schemes and financial reporting.
As part of ASIC’s work, the teams:
- assess applications to ASIC for relief from certain parts of the Corporations Act 2001, including Chapters 2M, 6 and 6D, and
- review certain documents lodged with ASIC relating to various corporate transactions.
They also engage with stakeholders, publish regulatory guidance, conduct targeted surveillances of identified risk areas and conduct deterrence activities.
From time to time, they may also make submissions to the court or make applications to the Takeovers Panel on relevant matters.