Removal of E-Signature Functionality for ASIC Form 362

Issue

The e-signature functionality is no longer available for ASIC Form 362.

Reason

ASIC recently issued a newsletter clarifying their compliance position on the signing requirements for Form 362 –Notification by a company to nominate or cease a registered agent or contact address.   

In summary, the newsletter stated: 

  • Form 362 must be signed in “wet-ink” rather than by electronic signature 
  • A hard copy of the physically executed Form 362 must be held on file by ASIC Agents for at least 7 years 

This compliance requirement is irrespective of the fact that Form 362 can be lodged electronically.      

Accordingly, NowInfinity has made the decision to remove the e-signature functionality for executing ASIC Form 362.     

How does this affect you?

Existing Form 362 awaiting signature

Due to the removal of the e-signature functionality, if your incomplete list page had any existing Form 362 awaiting signature – these forms have now been converted to Paper Signing only. 

Previously lodged Form 362

All previously lodged 362 forms in your lodgement list page will be updated to show a “modified on” date of 14th November 2020. 

Note: The electronic lodgement functionality will still remain available for Form 362.

Reference

You can refer to ASIC Infocus November 2020 newsletter for the clarification recently issued by ASIC.   ASIC Agents may also refer to the Electronic Lodgement Protocol for further guidance.  

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