InFocus November 2026 - Volume 35 Issue 10

Updates to forms related to relief for wholly-owned companies

On 6 October, ASIC published updates to several forms to support the remake of relief for wholly-owned companies in ASIC Corporations (Wholly-owned Companies) Instrument 2026/533.

The new instrument applies to financial years ending on or after 1 January 2027. Under the transitional arrangements, ASIC Corporations (Wholly-owned Companies) Instrument 2016/785 continues to apply to financial years ending before that date.

The updated forms are:

• Form 389 – Opt-in/change of holding entity notice by wholly-owned company relieved from financial reporting obligations;
• Form 399 – Opt-out notice by wholly-owned company relieved from financial reporting obligations; and
• Form CF06 – Deeds of cross-guarantee and related documents.

The changes ensure references in the forms and related guides remain current and aligned with the new instrument. The updates include:

• adding references to the new instrument and updating relevant paragraph references;
• clarifying which instrument applies according to the end date of the relevant financial year;
• correcting minor errors and removing outdated information;
• adding an optional email address field to Form 389; and
• adding information about email lodgement, where applicable.

When preparing a lodgement, use the current version of the relevant form and check the forms webpage for up-to-date lodgement information.

Learn more about the remake of the wholly owned companies instrument in our news item, ASIC remakes wholly-owned companies relief instrument.

ASIC’s consultation 391:  Access to information on the companies register

We’ve recently completed our consultation on proposed new settings for accessing ASIC’s companies register information (Consultation Paper 391). Submissions formally closed on 12 October 2026.

The aim of the consultation was to seek views on ASIC’s proposed model to ensure transparency, while limiting access to more sensitive personal information.

Thank you to everyone who contributed to the consultation and provided their insights. We received a high level of engagement throughout the consultation with: 

• 94 attendees to our two information sessions
• 43 attendees to our four roundtable discussions
• around 90 formal submissions in response to the proposal.

A diverse range of stakeholders provided feedback on the proposals with varied perspectives on striking the balance between transparency and privacy/safety considerations for individuals whose information appears on the register and maintaining appropriate access to information for legitimate uses.

We will consider the consultation feedback to inform our proposed access settings. 

A feedback report and draft legislative instrument will be published March 2027.

Making the most of ASIC's digital services

ASIC continues to expand and enhance its digital services, making it easier for businesses, company officeholders and registered agents to access information and interact with ASIC online.

A range of services are available through ASIC's digital channels, including online searches, electronic lodgement options and self-service tools designed to improve accessibility and efficiency. These services can help users save time, access information more quickly and manage their regulatory obligations more effectively.

Before contacting ASIC, it may be worth exploring the available online services and resources, which are regularly updated to support common transactions and enquiries.

Using ASIC's digital channels can help streamline interactions with ASIC and provide quicker access to information and services when needed.

 Visit ASIC's website to explore the digital services and resources available.

Becoming an ASIC registered agent: a role built on trust and responsibility

Becoming an ASIC registered agent is more than registering a business or gaining access to a service. It means taking on a trusted role, helping companies manage certain responsibilities and dealings with ASIC.

A registered agent is appointed by a company to perform certain tasks on its behalf. With that role comes responsibility. Registered agents need to understand and meet their obligations, maintain their registration details and manage company lodgements appropriately. 

Before you apply

Take the time to understand the role and the responsibilities that come with representing companies. Start by reading the ASIC registered agent terms and conditions, which set out the obligations you agree to when becoming a registered agent.

 Ready to apply?

Once you understand your obligations and are ready to take the next step:

• Get a National Police Check for the responsible person or individual applicant. It must be no more than 12 months old.
• Complete Form RA01 – Notification to register, change details of or cease as an agent.
• Email your completed application and supporting documents to agent.registration@asic.gov.au.

If your application is accepted, ASIC will provide you with an ASIC registered agent number, which you will need when dealing with ASIC. 

Find out more about becoming an ASIC registered agent.

ASIC’s annual report highlights strong enforcement and consumer outcomes 

ASIC’s 2025–26 Annual Report highlights a year of strong enforcement and regulatory outcomes, with $830 million in civil penalties secured through court orders and more than $580 million in repayments and refunds for consumers and investors.

During the year, we commenced 260 formal investigations, 32 civil proceedings involving 65 defendants, and completed 1,012 surveillances. We also continued work to protect consumers, address misconduct and strengthen confidence in Australia’s financial system.

Read the full media release to learn more about ASIC’s key outcomes and achievements during 2025–26.

Spotlight article from other Government departments or industries

The importance of a Super health check Many small business owners focus on growing their business and looking after their employees and may not always have time to think about their own super. The ATO is encouraging small business owners to complete a Super health check to understand their own super entitlements, and to encourage their employees to complete the check as well.  The Super health check is made up of 5 easy checks, most of which can be done using ATO Online services or the ATO app. For more information visit ato.gov.au/SuperHealthCheck