Corporations Act 2001
CHAPTER 2M
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FINANCIAL REPORTS AND AUDIT
PART 2M.3
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FINANCIAL REPORTING
Division 4
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Annual financial reporting to members
A public company, or a disclosing entity that is not a registered scheme, must report to members under section 314 by the earlier of: (a) 21 days before the next AGM after the end of the financial year; or (b) 4 months after the end of the financial year.
If a shareholder direction is given to a small proprietary company under section 293 after the end of the financial year, the company must report to members under section 314 by the later of: (a) 2 months after the date on which the direction is given; and (b) 4 months after the end of the financial year. Registered schemes 315(3)
A registered scheme must report to members under section 314 within 3 months after the end of the financial year.
A registrable superannuation entity must report to members under section 314AA within 3 months after the end of the financial year.
A notified foreign passport fund must report to Australian members of the fund under section 314A within 3 months after the end of the financial year for the fund.
A proprietary company that is not covered by subsection (1) or (2) must report to members under section 314 within 4 months after the end of the financial year. 315(5)
(Repealed by No 9 of 2022, s 3, Sch 2[35] (effective 1 April 2022).) 315(6)
For the purposes of this section, a notified foreign passport fund that reports in accordance with subsection 314A(2) is taken to report at the time the fund has fully complied with the requirements of that subsection.
Note: This Division applies to reports relating to sub-funds of retail CCIVs in a modified form: see section 1232H .
SECTION 315
DEADLINE FOR REPORTING TO MEMBERS
Public companies and disclosing entities that are not registered schemes
315(1)
A public company, or a disclosing entity that is not a registered scheme, must report to members under section 314 by the earlier of: (a) 21 days before the next AGM after the end of the financial year; or (b) 4 months after the end of the financial year.
Note: For the deadline for holding an AGM, see section 250N .
Small proprietary companies (shareholder direction under section 293) 315(2)If a shareholder direction is given to a small proprietary company under section 293 after the end of the financial year, the company must report to members under section 314 by the later of: (a) 2 months after the date on which the direction is given; and (b) 4 months after the end of the financial year. Registered schemes 315(3)
A registered scheme must report to members under section 314 within 3 months after the end of the financial year.
Note: Section 1232J applies this subsection to retail CCIVs in relation to their sub-funds.
Registrable superannuation entities
315(3AA)
A registrable superannuation entity must report to members under section 314AA within 3 months after the end of the financial year.
Notified foreign passport funds
315(3A)
A notified foreign passport fund must report to Australian members of the fund under section 314A within 3 months after the end of the financial year for the fund.
Other proprietary companies
315(4)
A proprietary company that is not covered by subsection (1) or (2) must report to members under section 314 within 4 months after the end of the financial year. 315(5)
(Repealed by No 9 of 2022, s 3, Sch 2[35] (effective 1 April 2022).) 315(6)
For the purposes of this section, a notified foreign passport fund that reports in accordance with subsection 314A(2) is taken to report at the time the fund has fully complied with the requirements of that subsection.
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