Are you required to submit ASIC form 388?

SG
Sophie Grace Pty Ltd
Contributor
Sophie Grace is a leading Australian firm specialising in both compliance and legal services to participants within the financial services and credit industries. We have serviced Australian and international clients across the financial sector for over a decade. From obtaining the required licences to operate your business to the provision of ongoing compliance support, many businesses have benefited from Sophie Grace’s extensive knowledge in the financial and credit space. We take pride in our ability to offer tailored solutions to a broad range of businesses whilst keeping business practicalities and obligations to regulators at the forefront of our minds when delivering services and advice. Our consultancy services can equip you with assistance and clarity in your business endeavours.
Does your company fall within ASIC list of company types required to submit a Form 388 along with the FS70 & FS71?
Australia Corporate/Commercial Law
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As entities think about their annual audit and ensuring financial reports are lodged on time, it's important to consider whether your company falls within ASIC's list of company types which are required to submit a Form 388 along with the FS70 and FS71.

Entities Required to Submit

Entities which are required to submit a Form 388 include:

  • Small Proprietary foreign-controlled companies;
  • Large Proprietary companies which are not disclosing entities;
  • Public companies or disclosing entities;
  • Registered Schemes; and
  • Trusts which are disclosing entities.

Large proprietary companies are defined as "large" for a financial year if it satisfies at least 2 of the below criteria:

  • the consolidated revenue for the financial year of the company and any entities it controls is $50 million or more;
  • the value of the consolidated gross assets at the end of financial year of the company and its controlled entities is $25 million or more;
  • the company and its controlled entities have 100 or more employees at the end of the financial year.

Timeframes for Lodgement

If you are required to submit Form 388, ensure your auditor is aware of this obligation to ensure it is submitted within the required timeframe. Forms submitted out of time will incur hefty late fees.

Entity Type Audit Lodgement Deadline
Small Proprietary foreign-controlled companies Within 4 months of the end of your financial year
Large Proprietary companies which are not disclosing entities Within 4 months of the end of your financial year
Registered Schemes Within 3 months of the end of your financial year
Public companies and disclosing entities Within 3 months of the end of your financial year
Small Proprietary companies or small public companies limited by guarantee Contact your auditor for the relevant timeframe.


Background

Form 388 collects the following information:

  • financial details of large proprietary companies (where applicable);
  • information about the Auditor Report;
  • details of the entity's current auditor; and
  • copies of the entity's financial statements.

Further Information

Most of ASIC's forms can be lodged online including:


The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Are you required to submit ASIC form 388?

Australia Corporate/Commercial Law
Contributor
Sophie Grace is a leading Australian firm specialising in both compliance and legal services to participants within the financial services and credit industries. We have serviced Australian and international clients across the financial sector for over a decade. From obtaining the required licences to operate your business to the provision of ongoing compliance support, many businesses have benefited from Sophie Grace’s extensive knowledge in the financial and credit space. We take pride in our ability to offer tailored solutions to a broad range of businesses whilst keeping business practicalities and obligations to regulators at the forefront of our minds when delivering services and advice. Our consultancy services can equip you with assistance and clarity in your business endeavours.
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