Fundraising and takeover documents can now be lodged by email

On 29 June 2018, ASIC approved an instrument, ASIC Corporations (Email Lodgement Service) Instrument) to facilitate the electronic lodgement of documents that have historically been provided to the Corporations team in hard copy.

To take advantage of the instrument, lodging parties must comply with the terms of the ASIC Email Lodgement Service User Agreement for Corporations (ELS User Agreement).

What documents can I now lodge electronically?

Documents relating to fundraising, takeovers, schemes of arrangement and related party transactions can now be lodged electronically (see Schedule A of the ELS User Agreement or extracted further below).

This includes for example:

  • prospectuses (including supplementary and replacement documents);
  • bidder’s and target’s statements, notices of variation, supplementary documents and notifications;
  • draft scheme booklets, applications for no objection letters, court orders and notices and registration copies of the booklet; and
  • notices of meeting including for related party transactions and acquisitions requiring member approval.

It also provides for the lodgement of a select few applications that generally accompany document lodgements, for example:

  • applications for an abridgement of notice period which often accompany a Chapter 2E notices of meeting; and
  • applications to extend the time to convene an annual general meeting.

How do I lodge a document electronically?

To lodge your document electronically, email it to  Corporations.Lodgements@asic.gov.au . Your document must be a machine readable PDF document that contains an electronic signature.

By submitting your document to Corporations.Lodgements@asic.gov.au you are taken to have agreed to the terms and conditions of the ELS User Agreement.

All applications, other than those specified in Schedule A of the ELS User Agreement, should continue to be sent to applications@asic.gov.au.

What else do I need to provide when lodging a document electronically?

When you lodge a document electronically, you must also provide the following: 

  • the completed electronic lodgement form;
  • where they exist, any cover forms (such as the OFFERlist entry, Corporate Finance Form or other ASIC form); and
  • acknowledgement that you agree to make payment.

When will my document be accepted for lodgement?

Unless you are otherwise notified that ASIC has refused acceptance pursuant to s1274(8), your document is taken to have been lodged with ASIC at the time we receive your email and the required attached documents. You will receive an automatic confirmation of the date and time ASIC has received your email for your records. 

Can I lodge documents outside of business hours? 

You may lodge documents at any time through the ELS, however documents lodged outside of hours may attract additional scrutiny.  We will make enquiries as to why the lodgement could not occur during business hours and pay particular attention to the timing and deadlines of offers.  

Where a prospectus is subject to an exposure period, we will generally extend the exposure period where the offer has been lodged over the weekend or on a national public holiday.

How do I arrange payment for documents lodged electronically?

You may either hand deliver or mail payment to our Sydney office.  To facilitate payment, you must provide the following:

  • the email lodgement form;
  • a cheque for the full amount owing; and
  • any other relevant ASIC forms (eg CF09, Form 5058) that will enable us to determine which documents the payment is to be applied to.

Please note there is no need to provide ASIC with a hard copy of the documents being lodged. We do not wish to receive hard copy disclosure documents.

Please contact Corporations.Queries@asic.gov.au to answer any questions in relation to the operation of the ELS.

We look forward to receiving your documents electronically in the very near future.

Schedule A - Documents that can be lodged under Instrument 2018/0577

Cover form

Document name

Corporations Act provision requiring lodgement

Documents relating to fundraising

OFFERlist

Prospectus for equities

s718

OFFERlist

Offer information statement

s718

OFFERlist

Profile statement

s718

OFFERlist

Short form prospectus for   equities

s718

OFFERlist

Product Disclosure Statement

s1015B

CF07

Replacement prospectus for   equities

s719

CF07

Replacement offer information   statement

s719

CF07

Replacement profile statement

s719

CF07

Replacement short form prospectus   for equities

s719

 No form

Replacement Product Disclosure   Statement

s1014L

CF07

Supplementary statement for equities

s719

No form 

Supplementary PDS Statement

s1015B

CF07

Documents lodged in relation to a short form prospectus

s712

No form

Document lodged as a condition of section 741 relief

s741

No form

Offer document – Mutual   Recognition Scheme

s1200C(5)

No form

Supplementary or replacement   document – Mutual Recognition Scheme

s1200G(9)

No form

Change to offer document – Mutual Recognition Scheme

s1200G(9)

No form

Notice of Australian offer under Foreign Recognition Scheme

s1200C(5)

Documents relating to schemes of arrangement

CF10

Court order re scheme of   arrangement

s411(10)

CF10

Notice of hearing for scheme of   arrangement

s411(2)

CF10

Application for abridgement of time to provide notice of hearing for scheme of arrangement

s411(2)(a)

CF10

Draft explanatory statement   regarding compromise or arrangement

s411(2)(b)

No form

Court order facilitating reconstruction

s413(3)

CF10

Application for para. 411(17)(b)   statement of no objection to compromise or arrangement

s411(17)(b)

CF10

Registration copy of explanatory   statement

s412(6)

No form

Court Orders for meeting concerning compromise or arrangement

Court Rules (var.)

Documents relating to takeovers

CF09

Bidder’s statement and offer - off market

s633(1) – item 2

CF09

Target’s statement and reports - off market

s633(1) – item 13

CF09

Notice of status of defeating condition – off market - unquoted bid class securities

s630(2), (3), (4) and(5)

CF09

Notice of service of bidder’s statement - off market - s633 Step 4

s633(1)   – item 4

CF09

Notice that takeover offers have   been sent - off market - s633 Step 9

s633(1)   – item 9

CF09

Takeover bidder’s statement and   documents sent to ASX - on market

s635   – item 5

CF09

Document accompanying bidder’s   statement - on market bid - s635 Step 7

s635   – item 7

CF09

Target’s statement and reports - on market - s635 Step 12

s635   – item 12

CF09

Bidder’s supplementary statement

s647(3)(a)

CF09

Target’s supplementary statement

s647(3)(a)

CF09

Replacement bidder’s statement -   Class Order 13/528

s633A(2)   and s635A(2) (Class Order 13/528)

CF09

Replacement bidder’s statement marked up - Class Order 13/528

s633A(2) and s635A(2) (Class Order 13/528)

CF09

Court order regarding proportional takeover provisions in constitution

s648G

CF09

Notice of variation in takeover offer – on market

s649C

CF09

Notice of variation in takeover   offer – off market

s650D

CF09

Notice offers free of defeating condition - off market bid

s650F

CF09

Notice of record date for determining who is to be sent bidder’s statement

633(4)

CF09

Notice of disclosure regarding substantial holding in bid period

s654C(3)

CF09

Notice of objection regarding compulsory acquisition/buy out

s664E(2)

CF09

List of members objecting to compulsory acquisition/buy-out

s664E(3)(b)

Documents relating to compulsory acquisition

6021

Notice of compulsory acquisition following takeover bid

s661B

6022

Notice of right of buy out to remaining holder of securities following a takeover bid

s662B

6023

Notice of right of buy out to holders of convertible securities following a takeover bid

s663B

6024

Notice of compulsory acquisition

s664C(2)(A)

6025

Notice of right of buy out to holders of convertible securities by 100% holder

s665B(1)(b)

Documents and applications relating to meetings (including related party transactions)

No form

Document lodged under item 7 of section 611

RG 74

2501

Application for extension of time to hold Annual General Meeting

s250P

5057A

Related party benefits - proposed notice, explanatory statement & accompanying documents

s218(1)

CF11

Application for reduction of lodgement period under s218(1)

s218(2)

 

 

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Last updated: 02/07/2018 05:52