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Reports* from Australian Securities and Investments Commission (ASIC) * insolvency related Last updated 1 April 2018
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ASIC TITLE |
RELEASE DATE |
ASIC DESCRIPTION |
LINK |
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Review of s.439A reports for voluntary administrations: Report 129 |
June 2008 |
Voluntary administrators are required to prepare a report under s439A of the Corporations Act 2001 (Cth) (Corporations Act) to enable creditors to make an informed decision about the future of the company under administration. ASIC has reviewed a number of these reports against the requirements in s439A, taking into account case law and industry guidance. This report presents the findings of our review. |
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External administrators: Schedule B statistics 1 July 2004–30 June 2007: Report 132 |
June 2008 |
This is our first report presenting statistical findings from Schedule B reports lodged electronically by liquidators, receivers and administrators. |
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Duty to prevent insolvent trading: Guide for directors: RG 217 |
29 July 2010 |
This guide is for directors and their professional advisers. It may also be of interest to registered liquidators and creditors. The guide sets out key principles to help directors understand and comply with their duty under s588G of the Corporations Act 2001 to prevent insolvent trading. |
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National insolvent trading program report: Report 213 |
October 2010 |
This report sets out the key messages and outcomes identified by ASIC’s national insolvent trading program. We expect this report to be beneficial to directors of companies, company advisers (including accountants and lawyers) and other interested stakeholders. |
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Insolvency statistics: External administrators’ reports 1 July 2007–30 June 2010: Report 225 |
21 December 2010 |
This report presents statistical findings from reports lodged electronically by liquidators, receivers and administrators from 1 July 2007 to 30 June 2010. |
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ASIC insolvency update |
21 December 2010 |
An update for registered liquidators. CONTENTS: >Message from Michael Dwyer, Commissioner >Regional liaison meetings > Liquidator compliance activities > Regulatory Guide 217: Directors' duty to prevent insolvent trading: Guide for directors > Report 213: National Insolvent Trading Program > Assetless Administration Fund > ASIC involvement in recent court cases > Liquidator assistance > Report 225: Insolvency statistics: external administrators' reports 1 July 2007 – 30 June 2010 >Monthly insolvency statistics > Key ASIC contacts |
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Insolvency practitioners complaints statistics |
March 2011 |
These statistics summarise information provided in ASIC’s public submission to the Insolvency Enquiry and also brings them up to date. ASIC will provide six-monthly updates on these figures. CONTENTS: > Complaints volume trend > Assetless administration fund application statistics > Director bannings and AA funded director bannings > Outcomes of complaints/inquiries against insolvency practitioners 2006-07 to 2009-10 > Summary prosecutions July 2007 to Dec. 2010. |
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Insolvency statistics: External administrators’ reports 1 July 2010–30 June 2011: Report 263. |
22 November 2011 |
"This report presents statistical findings from reports lodged electronically by liquidators, receivers and voluntary administrators from 1 July 2010 to 30 June 2011." |
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| ASIC enforcement outcomes: July to December 2011: Report 281 | (First such report) 29 March 2012 | "This report outlines enforcement outcomes achieved by ASIC during theperiod 1 July 2011 to 31 December 2011. The report identifies categories of gatekeeper against whom enforcement action was taken and highlightsexamples of conduct targeted during this period." | Report 281 (PDF) |
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ASIC regulation of registered liquidators: January to December 2011: Report 287 |
22 May 2012 |
"This report is for registered liquidators and other interested stakeholders. It summarises the work undertaken and outcomes achieved by ASIC in regulating registered liquidators in the period 1 January to 31 December 2011." |
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Insolvency statistics: External administrators’ reports 1 July 2011–30 June 2012: Report 297. |
7 September 2012 |
"This report presents statistical findings from reports lodged electronically by liquidators, receivers and voluntary administrators from 1 July 2011 to 30 June 2012." |
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| ASIC enforcement outcomes: January to June 2012: Report 299 | 11 September 2012 | "This report outlines enforcement outcomes achieved by ASIC during the period 1 January 2012 to 30 June 2012. The report identifies categories of gatekeeper against whom enforcement action was taken and highlights examples of conduct targeted during this period." | Report 299 (PDF) |
| Response to submissions on CP 180 ASIC's power to wind up abandoned companies: Report 310 | 8 November 2012 | "This report highlights the key issues that arose out of the submissions received on Consultation Paper 179 Australian market structure: Draft market integrity rules and guidance (CP 179) and Consultation Paper 184 Australian market structure: Draft market integrity rules and guidance on automated trading. This report details our responses in relation to those issues." | Report 310 (PDF) |
| ASIC enforcement outcomes: July to December 2012: Report 336 | 9 April 2013 | "This report outlines enforcement outcomes achieved by ASIC during the period 1 July 2012 to 31 December 2012 (the relevant period). The report identifies categories of gatekeeper against whom enforcement action was taken and highlights examples of conduct targeted during this period." | Report 336 (PDF) |
| ASIC regulation of registered liquidators: January to December 2012: Report 342 | 1 May 2013 | "This report is for registered liquidators and other interested stakeholders. It summarises the work undertaken and outcomes achieved by ASIC in supervising registered liquidators in the period 1 January to 31 December 2012." | Report 342 (PDF) |
| ASIC enforcement outcomes: January to June 2013: Report 360 | 24 July 2013 | "This report outlines enforcement outcomes achieved by ASIC during the period 1 January 2013 to 30 June 2013 (the relevant period). The report identifies categories of gatekeeper against whom enforcement action was taken, and highlights examples of conduct targeted during this period." | Report 360 (PDF) |
| Insolvency statistics: External administrators' reports 1 July 2012-30 June 2013: Report 372 | 17 October 2013 | "This report .... presents an overview of total lodgements of statutory reports lodged by liquidators, receivers and voluntary administrators (external administrators) from 1 July 2012 to 30 June 2013, as well as our statistical findings from external administrators’ reports lodged electronically when a company enters external administration (EXAD) status (initial external administrators’ reports)." | Report 372 (PDF) |
| ASIC enforcement outcomes: July to December 2013: Report 383 | 31 January 2014 | "This report outlines enforcement outcomes achieved by ASIC during the period 1 July 2013 to 31 December 2013 (the relevant period). The report identifies categories of gatekeeper against whom enforcement action was taken, and highlights examples of conduct targeted during this period." |
Report 383 (PDF) |
| Penalties for corporate wrongdoing: March 2014: Report 387 | 20 March 2014 | "This report outlines the penalties available for a range of corporate wrongdoing under legislation administered by the Australian Securities and Investments Commission (ASIC), to enable consideration of whether they are proportionate and consistent with those for comparable wrongdoing: in overseas jurisdictions (i.e. Canada (Ontario), Hong Kong, the United Kingdom and the United States); and within the Australian context (i.e. across other domestic regulators and legislation administered by ASIC)." | Report 387 (PDF) |
| ASIC regulation of registered liquidators: January to December 2013: Report 389 | 8 April 2014 | "This report is for registered liquidators and other interested stakeholders. It summarises the work undertaken and outcomes achieved by ASIC in supervising registered liquidators in the period 1 January to 31 December 2013." | Report 389 (PDF) |
| ASIC enforcement outcomes: January to June 2014: Report 402 | 30 July 2014 | "This report outlines enforcement outcomes achieved by ASIC during the period 1 January 2014 to 30 June 2014 (the relevant period). The report identifies the entities and individuals enforcement action was taken against, and highlights examples of conduct targeted during this period." | Report 402 (PDF) |
| Insolvency statistics: External administrators' reports 1 July 2013-30 June 2014: Report 412 | 29 September 2014 | "This report is for insolvency practitioners and other interested stakeholders. It presents an overview of total lodgements of statutory reports lodged by liquidators, receivers and voluntary administrators (external administrators) from 1 July 2013 to 30 June 2014, as well as our statistical findings from external administrators’ reports lodged electronically when a company enters external administration (EXAD) status (initial external administrators’ reports)." | Report 412 (PDF) |
| ASIC enforcement outcomes: July to December 2014: Report 421 | 30 January 2015 | "This report outlines enforcement outcomes achieved by ASIC during the period 1 July 2014 to 31 December 2014 (the relevant period). The report identifies the entities and individuals enforcement action was taken against, and highlights examples of conduct targeted during this period." | Report 421 (PDF) |
| Improving communication with directors of firms in liquidation | 18 March 2015 | "This report was commissioned by ASIC and produced by Queensland Behavioural Economics Group (QuBE). It sets out the results of research altering letters sent to directors of firms in involuntary liquidation to encourage them to comply with their legal obligations to report information to their liquidators." | Report 428 (PDF) |
| ASIC regulation of registered liquidators: January to December 2014: Report 430 | 16 April 2015 | "This report is for registered liquidators and other interested stakeholders. It summarises the work undertaken and outcomes achieved by ASIC in supervising registered liquidators in the period 1 January to 31 December 2014." | Report 430 (PDF) |
| Submission by the ASIC to Senate Inquiry into Insolvency in the Construction Industry | April 2015 | CONTENTS:Executive Summary; Insolvency in the Australian Economy; ASIC’s Role in Insolvency; The Australian Insolvency Framework; Background to ASIC external administration statistics; Construction industry statistics; Causes of Construction Industry Insolvencies; Reports of alleged misconduct; Adequacy of Current Laws to Reduce Insolvency; Phoenix activity; Background to Phoenix Activity; Illegal Phoenix Activity; Illegal Phoenix Activity in the Construction Industry; Cost of Illegal Phoenix Activity; Existing legislative mechanisms to combat illegal phoenix activity; ASIC initiatives to combat illegal phoenix activity; Specific Enforcement Outcomes; ASIC’s Engagement with Other Regulators; key terms. |
Insolvency in the Australian construction industry Submission 11 (PDF) |
| Insolvency statistics: External administrators' reports 1 July 2014-30 June 2015: Report 456 | November 2015 | "... an overview of total lodgements of statutory reports lodged by liquidators, receivers and voluntary administrators (external administrators) from 1 July 2014 to 30 June 2015, as well as our statistical findings from external administrators’ reports lodged electronically when a company enters external administration (EXAD) status (initial external administrators’ reports)." | Report 456 (PDF) |
| ASIC enforcement outcomes: July to December 2015. Report 476 | March 2016 (file says 17/2/2017) | "This report outlines the enforcement results achieved by ASIC during the period from 1 July 2015 to December 2015 (the relevant period). The report provides a high-level overview of some of our enforcement priorities and highlights some important cases and decisions during this period." | Report 476 (PDF) |
| ASIC regulation of registered liquidators: January to December 2015. Report 479 | 8 June 2016 | "This report summarises the work undertaken and outcomes achieved by ASIC in supervising registered liquidators in the period from 1 January to 31 December 2015 (reporting period)." | Report 479 (PDF) |
| ASIC enforcement outcomes: January to June 2016: Report 485 | 8 August 2016 | "This report outlines the enforcement results achieved by ASIC during the period from 1 January to 30 June 2016 (the relevant period). The report provides a high-level overview of some of our enforcement priorities and highlights some important cases and decisions during this period." | Report 485 (PDF) |
| Insolvency statistics: External administrators' reports (July 2015 to June 2016): Report 507 | December 2016 | "This report .... presents an overview of total lodgements of statutory reports lodged by liquidators, receivers and voluntary administrators (external administrators) from 1 July 2015 to 30 June 2016, as well as our statistical findings from external administrators’ reports lodged electronically when a company enters external administration (EXAD) status (initial external administrators’ reports)." | Report 507 (PDF) |
| ASIC enforcement outcomes: July to December 2016 | 8 March 2017 | "This report outlines the enforcement results achieved by ASIC during the period from 1 July to 31 December 2016 (the relevant period). The report provides a high-level overview of some of our enforcement priorities and highlights some important cases and decisions during this period." | Report 513 (PDF) |
| Response to submissions on CP 276 - Registered liquidators: Registration, disciplinary actions and insurance requirements | 1 March 2017 | "This report highlights the key issues that arose out of the submissions received on Consultation Paper 276 Registered liquidators: Registration, disciplinary actions and insurance requirements (CP 276) and details our responses to those issues." | Report 514 (PDF) |
| ASIC regulation of registered liquidators: January to December 2016. Report 532 | 22 June 2017 | "This report summarises the work undertaken and outcomes achieved by ASIC in supervising registered liquidators in the period from 1 January to 31 December 2016 (reporting period)." | Report 532 (PDF) |
| ASIC cost recovery arrangements: 2017-18 | 14 July 2017 | "This report updates industry on the changes to ASIC’s cost recovery arrangements since the Government released its proposals paper Proposed industry funding model for the Australian Securities and Investments Commission in November 2016." | Report 535 (PDF) |
| ASIC enforcement outcomes: January to June 2017 | 22 August 2017 | "This report outlines the enforcement results achieved by ASIC during the period from 1 January to 30 June 2017 (relevant period). The report provides a high-level overview of some of our enforcement priorities and highlights some important cases and decisions during this period." | Report 536 (PDF) |
| Insolvency statistics: External administrators' reports (July 2016 to June 2017) | 12 December 2017 | "This report .... presents an overview of total lodgements of statutory reports lodged by liquidators, receivers and voluntary administrators (external administrators) from 1 July 2016 to 30 June 2017, as well as our statistical findings from external administrators’ reports lodged electronically when a company enters external administration (EXAD) status (initial external administrators’ reports)." | Report 558 (PDF) |
| ASIC enforcement outcomes: July to December 2017 | 28 February 2018 | "This report outlines the enforcement outcomes achieved by ASIC during the period from 1 July to 31 December 2017 (relevant period). The report provides a high-level overview of some of our enforcement priorities and highlights some important cases and decisions during this period." | Report 568 (PDF) |
| Indicative levies for ASIC industry funding: 2017-18 | 28 March 2018 |
"ASIC industry funding commenced on 1 July 2017. This report sets out
the indicative levies for industry funding for the 2017–18 financial year. " |
Report 570 (PDF) |
