1ASIC Corporations (Post Balance Date Reporting) Instrument 2025/437

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ASIC Corporations (Post Balance Date Reporting) Instrument 2025/437

I, Claire LaBouchardiere, delegate of the Australian Securities and Investments Commission, make the following legislative instrument.

Date 19 September 2025

Claire LaBouchardiere

Contents

Part 1—Preliminary 3

1 Name of legislative instrument....................................3

2 Commencement...............................................3

3 Authority....................................................3

4 Simplified outline of this instrument...............................3

5 Definitions...................................................3

Part 2—Order 4

6 Relief for post balance date disclosure..............................4

Part 3—Repeal 6

7 Repeal.......................................................6

Part 1—Preliminary

1 Name of legislative instrument

This is the ASIC Corporations (Post Balance Date Reporting) Instrument 2025/437.

2 Commencement

This instrument commences on the day after it is registered on the Federal Register of Legislation.

Note: The register may be accessed at www.legislation.gov.au.

3 Authority

This instrument is made under subsection 341(1) of the Corporations Act 2001.

4 Simplified outline of this instrument

5 Definitions

(1) In this instrument:

Act means Corporations Act 2001.

relevant entity means company, registered scheme, registrable superannuation entity or disclosing entity.

(2) Information is material in relation to a financial statement if its misstatement in or omission from the statement could influence the economic decisions taken on the basis of the statement.

Part 2—Order

6 Relief for post balance date disclosure

Relief

(1) A relevant entity does not have to comply with Part 2M.3 of the Act, and a retail CCIV does not have to comply with Part 2M.3 of the Act in relation to a sub-fund, to the extent that that Part prevents the notes to the financial statements and consolidated financial statements for a financial year or half-year (each a relevant period) from including a balance sheet (and, where applicable, a consolidated balance sheet) explaining the financial effect of acquisitions and disposals (each the relevant transactions) of entities and businesses after the end of the relevant period.

Where relief applies

(2) The relief in subsection (1) is available where both of the following apply:

(a) either:

(i) the relevant transactions have a material effect on the relevant entity or sub-fund (as the case may be) and a single entity balance sheet is included in the notes to the financial statements that is either:

(A) an actual balance sheet drawn up to a point in time after the relevant transactions have occurred; or

(B) a pro forma balance sheet drawn up on the basis of the relevant entity’s or sub-fund’s (as the case may be) actual balance sheet drawn up at the end of the relevant period or a later date; or

(ii) consolidated financial statements are included in the financial report, the relevant transactions have a material effect on the consolidated entity and a consolidated balance sheet is presented in the notes to those consolidated financial statements that is either:

(A) an actual consolidated balance sheet drawn up to a point in time after the relevant transactions have occurred; or

(B) a pro forma consolidated balance sheet drawn up on the basis of the consolidated entity’s actual consolidated balance sheet drawn up at the end of the relevant period or a later date;

(b) where a pro forma balance sheet or pro forma consolidated balance sheet is included in a note to the financial statements in accordance with sub-subparagraph (a)(i)(B) or sub-subparagraph (a)(ii)(B):

(i) the pro forma balance sheet is prepared on a basis consistent with the accounting standards; and

(ii) the basis of preparation and any key underlying assumptions are disclosed in the note; and

(iii) any other material transactions or events after balance date are reflected in the note where necessary to ensure that the pro forma balance sheet is not misleading.

Part 3—Repeal

7 Repeal

This instrument is repealed at the start of 1 October 2030.