ASIC withdraws financial reporting relief for uncontactable members

ASIC has withdrawn financial reporting relief for uncontactable members before it expires on 1 October 2026.

We have assessed that ASIC Corporations (Uncontactable Members) Instrument 2016/187 is no longer being used due to changes in the Corporations Act 2001 (Corporations Act).

Entities not covered by the relief in the Corporations Act may apply to ASIC for individual relief. For further information, see Regulatory Guide 43 Financial reporting and audit relief (RG 43).

ASIC consulted on its proposal to withdraw the relief on 5 June 2026.

Background

ASIC Instrument 2016/187 provided relief to companies, registered schemes, disclosing entities and notified foreign passport funds from obligations to provide annual reports to a member if that member was uncontactable.

Sections 110JA and 110F(4A) of the Corporations Act now provide similar relief where a member is uncontactable:

  • Section 110JA provides relief from the requirement to send certain documents, including annual reports, if a member is uncontactable.
  • Section 110F(4A) addresses situations where there is no current address for sending documents in an elected manner.

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ASIC is Australia’s corporate, markets and financial services regulator.