Listed Entities Update 11/16 - Important ASX listing rule information
Listed@ASX
Compliance Update
4 November 2016
Update no 11/16
 
1. Admission rule changes
On 2 November 2016, ASX released its Response to Consultation on the proposed changes to ASX's admission requirements for listed entities and the accompanying package of changes to its Listing Rules and Guidance Notes:

• Final Listing Rule changes
• GN 1 Applying for Admission - ASX Listings
• GN 4 Foreign Entities Listing on ASX
• GN 12 Significant Changes to Activities
• GN 29 Applying for Admission - ASX Debt Listings
• GN 30 Applying for Quotation of Additional Securities.


ASX also released a package of changes to the following Guidance Notes:

• GN 5 CHESS Depositary Interests (CDIs) and GN 28 Reasonable Fees for Activities Covered by Listing Rule 8.14.1 - complete re-writes as part of ASX's Guidance Note refresh project
• GN 8 Continuous Disclosure: Listing Rules 3.1 - 3.1B - minor updates to the sections on price query and aware letters
• GN 9 Disclosure of Corporate Governance Practices - amendments to clarify the role of the Appendix 4G and to address some emerging issues around director skill matrices and sustainability disclosures
• GN 23 Quarterly Cash Flow Reports - expanded to cover Appendix 5Bs as well as Appendix 4Cs and to provide additional guidance on ASX enforcement practices
• GN 27 Trading Policies - minor consequential amendments flowing from the admission rule changes
• GN 33 Removal of Entities from the ASX Official List - amendments to clarify the conditions ASX will impose when agreeing to allow an entity to resign from the official list, to remove the now superseded transitional provisions for the long term suspended entity policy, and to expand the guidance on when ASX may grant an extension to the 3 year deadline for automatic removal of a long term suspended entity.


All of the above documents will be formally published and come into effect on 19 December 2016 (apart from certain measures highlighted in the Response to Consultation that will come into effect immediately).

Copies of all of the above documents and the non confidential submissions to the consultation are available on the "Public consultations" page on the ASX website:

http://www.asx.com.au/regulation/public-consultations.htm.

2. Interim scoping study guide
To assist listed mining entities disclosing the results of scoping studies to understand and comply with their regulatory obligations, ASX has published a guide entitled ASX interim guidance: reporting scoping studies. It can be downloaded here or from the "ASX Compliance Downloads" page on the ASX website:

http://www.asx.com.au/regulation/compliance/compliance-downloads.htm.

3. Trading halts email addresses reminder
Listed entities are reminded that in order to assist the submission of a written request for a trading halt, particularly before the market opens, the ASX Home Branch offices have each established a designated trading halt email address to be used to send a request for trading halt to ASX. Those email addresses are:

Sydney Home Branch: tradinghaltssydney@asx.com.au
Melbourne Home Branch: tradinghaltsmelbourne@asx.com.au
Perth Home Branch: tradinghaltsperth@asx.com.au


Listed entities are requested to email both their Listings Compliance Adviser, as they currently do, and also the general trading halts email address of their Home Branch office when requesting a trading halt.

If their Listings Compliance Adviser is not in the office, another person at Listings Compliance will pick up the email and arrange to process the trading halt request.

The request must contain the information required under Listing Rule 17.1.

Further information about trading halts and the procedure for requesting them is contained in Listing Rules Guidance Note 16 Trading Halts and Voluntary Suspensions.

4. Market Announcements Reporting Calendar 2017
The 2017 reporting calendar for listed entities is now available on the home page of ASX Online. Designed as a quick reference guide for listed entities with a 30 June or 31 December balance date, it outlines key reporting dates under the Listing Rules. It also indicates days on which ASX is closed.

If you require assistance to understand your entity's periodic reporting obligations, please contact your Listings Compliance Adviser.

5. Dividend and distribution information
Listed entities declaring a dividend or distribution for the period ending 31 December 2016 are reminded that they must use ASX Online forms to announce the dividend or distribution and that if they wish to set a record date for that period, given 31 December 2016 falls on a non-business day, they must set Friday 30 December 2016 as the record date and announce the dividend or distribution by no later than Thursday 22 December 2016 (Day 0 in the Appendix 6A Paragraph 1 timetable).

Listed entities should include the following information in such announcements (see Appendix 6A paragraph 1):

• Conduit foreign income - where an entity announces a dividend or distribution that is fully or partially unfranked, the announcement should make clear the conduit foreign income (CFI) component of that dividend or distribution, even if the CFI component is nil.

In the online form, please note that questions 3A.4 Franked amount, 3A.6 Unfranked amount and 3A.7 Conduit Foreign Income amount should all add up to the total amount of the dividend/ distribution as advised at question 3A.1b (that is, the Conduit Foreign Income amount is exclusive of the Unfranked amount).

The announcement of franking details is not compulsory when announcing an estimate of a dividend or distribution.

• Dividend/distribution reinvestment plans (DRP) - where an entity has a DRP or other plan in place, ASX requests that the entity make it clear in the announcement whether the DRP will operate or will be suspended for that particular dividend or distribution. If the DRP will operate, the following information should also be given:

• the last date for electing to participate in the DRP (question 4A.2 in the online form);

• the discount rate, if applicable (question 4A.3 in the online form);

• the ranking of the securities to be issued pursuant to the DRP (question 4A.8a in the online form); and

• pricing period and the pricing methodology for determining the issue price under the DRP (questions 4A.4 and 4A.5 in the online form).


If at the time when the dividend or distribution is announced it has not been decided by the entity whether the DRP will operate, or the above details are not known, the entity should give an indication of when the entity expects to confirm details of the DRP's operation (using Part 5 'Further information' if advising by online form).

Listed entities are also reminded to advise any update to dividend information (including actual amounts and DRP prices) by completing and submitting an Updated Online Form.

If you have any questions please contact your Listings Compliance Adviser or email: onlineforms@asx.com.au.

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