Summary prosecutions of companies and directors

Summary prosecutions: why and who?

Since 1 July 2002 we have increased the number of prosecutions of people and companies for a variety of alleged breaches of the Corporations Act. Our reasons for doing this include:

  • improving the quality of information available to the public, shareholders and members or officers of Australian companies
  • assisting external administrators to address ongoing misconduct by company officers
  • discouraging the misuse of ASIC's public database and
  • preventing disqualified directors from managing companies.

For example, we are prosecuting:

  • people who are alleged to have continued to act as an officer of a company after a liquidator is appointed
  • company officers who allegedly failed to assist insolvency practitioners to administer a failed company by not providing a Report on Company Activities and Property (ROCAP) – formerly known as the Report as to Affairs (RATA) – company books and records and assistance when requested
  • company officers themselves and their companies for allegedly failing to update ASIC registers with the addresses of their companies and company officers
  • people who are alleged to have used company titles when no such company was registered by ASIC.

Find out who has been prosecuted

For people prosecuted between January 2009-March 2011

This content has been removed in accordance with our policy in Information Sheet 152 Public comment on ASIC's regulatory activities.

What to do if you have a complaint about a company, director or a business claiming to be a company

Complaints from the public

You can lodge a complaint about any company, director or business claiming to be a company.

Here's how you can complain to us

Complaints from insolvency practitioners

Telling us about officers who will not hand over company books and records or submit ROCAPs

Here's how you can complain to us

What is an ASIC key?

Your ASIC key is a unique number used in ASIC Connect that helps us establish your identity and protects your business information by making sure only you and those you have authorised can access it.

Learn more about ASIC keys

What is a corporate key?

A corporate key is an 8-digit number uniquely associated with a company’s ACN. Your company needs only one corporate key.

Learn more about corporate keys

What is an invitation key?

An invitation key is a unique key to register for, or connect to an entity in, the ASIC Regulatory Portal.

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What is an industry funding security key?

Your industry funding security key is a unique number used to launch an online transaction in the ASIC Regulatory Portal that will enable us to calculate your final industry funding invoice. You will be prompted to submit business activity metric information on the operation of your business in the previous financial year.

Learn more about industry funding security keys

Last updated: 30/03/2021 09:22