Australian Securities and Investments Commission Class Order [CO 98/2016] (Cth)

ASIC Class Order [CO 98/2016]

Entities which cease to be disclosing entities before their deadline

This instrument has effect under s341(1) of the Corporations Act 2001.

This compilation was prepared on 13 August 2014 taking into account amendments up to [CO 14/757]. See the table at the end of this class order.

Prepared by the Australian Securities and Investments Commission.

Australian Securities and Investments Commission
Subsection 341(1) — Corporations Law — Class Order

Pursuant to subsection 341(1) of the Corporations Law ("the Law"), the Australian Securities and Investments Commission ("ASIC") hereby makes an order relieving each disclosing entity ("the Entity") at the end of its financial year ("the Relevant Financial Year") but which ceases to be a disclosing entity before the earlier of:

(i)     the end of the 3 months after the end of the relevant financial year; and

(ii)     if the Entity is required to have an annual general meeting ("AGM"), 21 days before the date of the next AGM after the end of that year,

from compliance with the requirements of Chapter 2M of the Law to the extent that those requirements apply to the Entity as a disclosing entity on condition that:

(a) the Entity complies with the requirements of Chapter 2M of the Law as if it had not been a disclosing entity at the end of the Relevant Financial Year; and

(b)     the directors of the Entity resolve before the earlier of the dates in paragraphs (i) and (ii) of this order that there are no reasons to believe that the Entity may become a disclosing entity before the end of the financial year immediately after the Relevant Financial Year.

For the purposes of determining whether the condition in paragraph (a) is satisfied, ignore any non-compliance that has resulted merely from any or all of the following:

(a) a person being an affected auditor (as defined in ASIC Class Order [CO 14/757]) rather than a registered company auditor;

(b)     an act, matter or thing being done by an affected auditor rather than a registered company auditor;

(c) a company being an affected audit company (as defined in ASIC Class Order [CO 14/757]) rather than an authorised audit company;

(d)     an act, matter or thing being done by an affected audit company rather than an authorised audit company.

Notes to ASIC Class Order [CO 98/2016]

Note 1

ASIC Class Order [CO 98/2016] (in force under s341(1) of the Corporations Act 2001) as shown in this compilation comprises that Class Order amended as indicated in the tables below.

Table of Instruments

Instrument number	Date of making or FRLI registration	Date of commencement	Application, saving or transitional provisions
[CO 98/2016]	30/10/1998 (see F2007B00999)	30/10/1998
[CO 14/757]	7/8/2014 (see F2014L01082)	7/8/2014	-

Table of Amendments

ad. = added or inserted     am. = amended     rep. = repealed     rs. = repealed and substituted

Provision affected	How affected
Class Order.................	am. [CO 14/757]