ASX is committed to addressing complaints it receives and in many cases the information provided can assist us to ensure that our market remains fair, orderly and transparent, and that listed entities are complying with their obligations under the ASX Listing Rules.
However, to resolve your problem quickly it is important to address your complaint to the right organisation, as there are many issues relating to Listed Entities in respect of which ASX has no role or ability to address complaints.
If you think that:
A listed entity may have breached the ASX Rules, or There has been insider trading, or A stock or futures price or index has been manipulated, or A company has failed to disclose information, or you have other concerns about the integrity or fairness of the ASX market, then please let us know.
However if, for example, your complaint relates to breaches of the Corporations Act or other legal obligations (unrelated to ASX Rules) or breaches of directors’ duties or breaches of prospectus requirements, you should complain to ASIC.
If your complaint relates to a specific contractual obligations between you and a listed entity, then ASX is most unlikely to be able to assist with that matter and you should seek legal advice.
Company complaints If you have a complaint about a listed entity (ie a listed company or trust) or ASX supervision of a listed entity, please register your complaint with ASX.
The scope of ASX’s role is to consider whether a complaint may indicate a possible breach of the ASX Listing Rules and to ensure that listed entities are in compliance with these Rules.
If you believe your complaint involves a potential breach of the ASX Listing Rules or you have a concern about the enforcement of the Listing Rules, and you wish to formally lodge your complaint with ASX, you should:
Complete the ASX complaint form. If you are unable to download the ASX complaint form, you can contact ASX Customer Service on 131 279 or (02) 9338 0000 to obtain a copy; Attach a written copy of your complaint; and Attach all supporting documentation. Once you have completed the form, return the form, written copy of the complaint and all supporting documentation to:
Customer Service Australian Securities Exchange Limited PO Box H224 Australia Square NSW 1215 Fax: (61 2) 9227 0885
The fact that you have made a complaint will not be disclosed to any external parties without your authorisation, unless ASX is required by law to do so.
How we deal with your complaint Once received, your complaint will be reviewed by the appropriate ASX officer for the listed entity concerned.
In general, if ASX believes that a listed entity may not be in compliance with the Listing Rules, it would initially raise the issue with the entity concerned. If ASX forms the view that disclosure is required, it would take action to ensure that the entity makes the necessary disclosure to the market within an appropriate time frame.
Any discussions that ASX has with listed entities relating to potential breaches of the Listing Rules are confidential and not part of the public record. However, the outcomes of those discussions are often public. Examples are where an entity releases further or clarifying information in respect of a previous announcement, because it has been asked to do so by ASX, or where the entity responds to an ASX price query.
In certain circumstances, if ASX considers that an entity may be in breach of the ASX Listing Rules, ASX is required under a memorandum of understanding (MOU) with ASIC to refer the matter to ASIC.
ASIC will then determine whether to use the legal powers available to it to investigate the matter further.
Under the terms of the MOU with ASIC, the fact of a particular referral having been made to ASIC is kept confidential in order to ensure that the success of any ongoing investigation is not jeopardised. However, ASX publishes the number of referrals made to ASIC on an annual basis.
So for this reason, we may not be able to inform you specifically about the action we will take in relation to your complaint. Nevertheless, ASX can assure you that your concerns will be investigated.
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