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A complete legal guide to listing on the Australian Securities Exchange

By Robyn Ferguson and Ryan White / 17 July 2019
3 min.
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This excerpt from the chapter ‘Australia: Australian Securities Exchange’ by Robyn Ferguson and Ryan White is from the title World Stock Exchanges: A Practical Guide, Second Edition, published by Globe Law and Business.


1. Introduction

The Australian Securities Exchange (ASX) is Australia’s primary stock exchange, hosting over 2,2001 listed entities across a range of industry sectors and geographical locations. A number of smaller securities exchanges operate in Australia, but over 80% of the publicly traded securities in Australia are traded via the ASX. The ASX has a total market capitalisation of around A$1.9 trillion, making it one of the world’s top 10 listed exchange groups by market capitalisation.2

2. The regulatory framework

2.1 Legislative framework

Financial markets in Australia are governed by the Corporations Act 2001 (Cth) (the 2001 Act).3 The 2001 Act regulates the requirements for operating a financial market in Australia, and for listing on such a financial market. It requires the operator of a financial market in Australia either to hold an Australian market licence or to obtain a ministerial exemption from the requirement to hold one. Penalties apply where a person falsely holds out that he or she has an Australian market licence, that his or her operation of a financial market is authorised by an Australian market licence (or is exempt from the requirement to hold one) or that the person is a participant in a licensed market. The key obligations imposed on the ASX as the holder of an Australian market licence4 include:

  • so far as reasonably practicable, to do all things necessary to ensure that the market is a fair, orderly and transparent market;
  • to have adequate arrangements in place for operating the market, including handling conflicts and monitoring and enforcing compliance with the market’s operating rules;
  • to have sufficient resources (financial, technological and human) to operate the market properly;
  • to notify the Australian Securities and Investments Commission (ASIC)5 of various matters regarding licence holders, market participants and entities listed on the market;
  • to assist ASIC in the performance of ASIC’s functions; and
  • to establish operating rules dealing with the conduct of the market, market participants and companies listed on the market, and the operation of the market’s settlement and clearing facilities.

ASIC has the power to vary, suspend or cancel market licences in prescribed circumstances. The 2001 Act also sets out provisions for the content, legal effect and enforcement of the listing rules of the ASX.6

Download and read the complete chapter using the link below.

Additional headings in this chapter

3. Types of entity eligible for listing

4. Eligibility requirements

5. Flotation costs

6. Professional advisers

7. Flotation process and timetable

8. Required documentation

9. Shareholders

10. Financial information

11. Corporate governance


1. Market metrics are as at 31 December 2017.

2. Market metrics are as at 31 December 2017.

17 July 2019
Authors
Robyn Ferguson
Partner
Robyn is a Partner in our Corporate practice with significant experience advising Australian corporations and their respective boards and senior management on capital raisings, IPOs, takeovers, mergers and acquisitions and compliance.
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