In line with the previous guidelines, ASX recognizes that there are two main ways to restrict trade: either by defining specific “commercial windows” in which trade can take place, or by defining narrower “closed periods” where trade is prohibited except in exceptional circumstances. Many companies already disclose such information under ASIC Regulatory Guide 76 (“Transactions with Related Companies”) and this disclosure will already be included in compensation reports. The entities to be respected. In addition, the new passage contains guidelines to ensure that “forward-looking statements” made when disclosing the significance of the contract to the company are not misleading. – extension of directives beyond key management personnel (PRCs), for example.B. at the nearest administrative level, kmp management assistants and other staff members who may be able to access their emails; Issuers must comply with the additional requirement to provide an information memorandum to ASX before making it available to potential investors. The definition of “information memorandum” has also been updated, although it has simply clarified that an information memorandum is a disclosure document other than a prospectus or product opening statement. ASX notes that the reference to “family, friends and employees” must be interpreted “broadly and includes senior managers and employees of a business promoter or professional consultant involved in the transaction and their relatives.”  This is important for both companies and their consultants. The time required to process ASX`s comments on disclosure documents may need to be considered in transaction planning. ASX`s decision to reject a listing application is final and there is no right of appeal. ASX has found that if companies release Treuhand securities sooner than allows, ASX will suspend the company until the situation is corrected.
In response to an allegation by KWM, ASX stated that there was no problem with holders of voluntary trust securities jointly selling their securities released from the fiduciary account, but found that collusion, insider trading, substantial holdings and acquisition issues had to be at the forefront.  Companies that have CDIs that take note of this monthly reporting obligation. GN 12 contains new guidelines on “reference credits”. ASX requires full disclosure of loan details. If the loan is essential, ASX can ask questions of the company and publish the answers….