RG 16 External administrators and controllers: Reporting of possible offences and misconduct

Issued 5 September 2024

This guide applies to liquidators, voluntary administrators, receivers and managing controllers.

It explains the process for complying with the obligation to report possible offences and misconduct to ASIC under sections 422, 438D, 500AE and 533 of the Corporations Act 2001 and reg 5.5.05 of the Corporations Regulations 2001.

Download RG 16 (PDF 624 KB)

Important notice
How registered liquidators lodge statutory reports with ASIC


Registered liquidators should lodge statutory reports prepared under sections 422, 438D, 500AE and 533 of the Corporations Act 2001 through the ASIC Regulatory Portal.

There are also forms or ‘transactions’ on the Regulatory Portal enabling registered liquidators to request ASIC’s assistance in an external administration to obtain company books and records, and to provide notice that they do not intend to supply a supplementary report.

For more information about these lodgements, see About each transaction and how they work in the portal.

What's new

Insolvency reforms commence on 1 January 2021

Reforms to corporate insolvency laws commence on 1 January 2021 for companies with liabilities less than $1 million.  These reforms include:

-a new debt restructuring process for incorporated businesses

-a new, simplified liquidation pathway for small businesses, and

-a new class of registered liquidator who can only undertake the debt restructuring process.

Corporations Amendment (Corporate Insolvency Reforms) Act 2020

Corporations Amendment (Corporate Insolvency Reforms) Regulations 2020

Insolvency Practice Rules (Corporations) Amendment (Corporate Insolvency Reforms) Rules 2020

 

Industry funding

The Government has introduced new laws that change the way ASIC is funded. Regulated entities will receive an invoice for ASIC’s regulatory services delivered in the prior year. Find out what this means for registered liquidators.

 

Quicklinks

Insolvency Law Reform Act 2016

Releases on insolvency

Liquidator registration applications

Registered liquidator disciplinary decisions

Insolvency statistics

AFSA - ARITA - ASIC joint liaison meetings

 

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ASIC Corporate Insolvency Update

Published notices

View insolvency and deregistration notices on the published notices website.

Last updated: 01/07/2008 12:00