ASIC amends financial advice and capital raisings COVID 19 instruments

ASIC has today registered an amending instrument to specify an end date for three COVID-19 related instruments.

The ASIC Corporations (Amendment) Instrument 2020/565 makes the following amendments:

1. The earlier amendment to the ASIC Corporations (Share and Interest Purchase Plans) Instrument 2019/547 will be repealed on 2 October 2020 (six months after the amendment commenced).
2. The ASIC Corporations (Trading Suspensions Relief) Instrument 2020/289 will be repealed on 2 October 2020 (six months after it commenced).
3. The ASIC Corporations (COVID-19 – Advice-related Relief) Instrument 2020/355 will be repealed on 15 October 2020 (six months after it commenced).

ASIC had publicly stated that these relief measures were temporary and ASIC would repeal the instruments following the COVID-19 crisis. However, following feedback from the Senate Standing Committee for the Scrutiny of Delegated Legislation, ASIC has decided to amend these instruments to include specific end dates.

ASIC will continue to monitor the appropriateness of these temporary relief measures in light of the uncertain impacts of COVID-19 on capital markets and on the demand for financial advice. If ASIC considers it appropriate to end the relief before the six month period or extend the relief, ASIC will give sufficient notice before any early repeal or extension is implemented.

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ASIC Corporations (Amendment) Instrument 2020/565

Explanatory statement

Capital raisings

• Facilitating capital raisings during COVID-19 period of 31 March 2020
• ASIC supports increase transparency in capital raisings of 23 April 2020
• ASIC Corporations (Trading Suspensions Relief) Instrument 2020/289
• ASIC Corporations (Share and Interest Purchase Plans) Instrument 2019/547
• ASIC Corporations (Amendment) Instrument 2020/290
• REP 605 Allocations in equity raising transactions of 20 December 2018

Financial Advice

• More information on regulatory issues impacting the financial advice industry as a result of the COVID-19 pandemic is available here
• ASIC grants relief to industry to provide affordable and timely financial advice during the COVID-19 pandemic of 14 April 2020
• ASIC Corporations (COVID-19 – Advice-related Relief) Instrument 2020/355