ASIC late fee waiver: statement of circumstances

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Statement of Circumstances — Request to Waive an ASIC Late Fee

Company name: [COMPANY NAME]

ACN: [ACN]

Annual review date: [ANNUAL REVIEW DATE]

Contact person and role: [NAME, DIRECTOR / SECRETARY]

Contact address: [ADDRESS]

Phone: [PHONE]

Email: [EMAIL]

To: Australian Securities and Investments Commission

Lodged with ASIC's online fee waiver application

[DATE]

Request to waive late fee — invoice [INVOICE NUMBER], amount $[AMOUNT]

1. The fee

The company's annual review fee of $[AMOUNT] was due on [DUE DATE]. It was paid on [DATE PAID] (receipt [RECEIPT NUMBER]). ASIC charged a late fee of $[AMOUNT] on invoice [INVOICE NUMBER] dated [INVOICE DATE]. The late fee has not been paid.

2. What happened (circumstances beyond the control of the company and its representatives)

( ) Delay caused by ASIC: [WHAT HAPPENED, WITH DATES AND ANY REFERENCE NUMBERS].

( ) Delay caused by a court: [ORDER NOT ISSUED IN TIME — COURT, FILE NUMBER, DATES].

( ) Cyber or ransomware attack: [DATE OF ATTACK, SYSTEMS AFFECTED, WHEN ACCESS RETURNED].

( ) Emergency or natural disaster: [EVENT, DATE, HOW RECORDS WERE LOST OR UNAVAILABLE].

3. Timeline

Date Event

[DATE] [ANNUAL STATEMENT ISSUED]

[DATE] [EVENT THAT CAUSED THE DELAY]

[DATE] [WHEN THE COMPANY COULD ACT AGAIN]

[DATE] [FEE PAID / DETAILS UPDATED]

4. Why the company could not avoid it

[EXPLAIN IN YOUR OWN WORDS: what you did to meet the deadline, why it was not possible, and that no representative failed to act.]

5. Evidence attached

[ASIC CORRESPONDENCE OR REFERENCE NUMBERS]

[INCIDENT REPORT, POLICE OR CYBER REPORT, INSURER LETTER, EMERGENCY NOTICE]

[PROOF OF PAYMENT OF THE ORIGINAL FEE]

The company asks ASIC to waive the late fee of $[AMOUNT]. Please send the decision in writing to the contact address above.

____________________

[NAME], [ROLE], for and on behalf of [COMPANY NAME]

For me

[ ] Original annual review fee paid on: [DATE]

[ ] Late fee NOT paid while the waiver is pending

[ ] Applied online on: [DATE]; confirmation number: [NUMBER]

[ ] No answer after 28 days ([DATE]): contact ASIC