In its role as a regulator, ASIC has wide ranging powers of investigation and enforcement in order to ensure compliance with relevant legislation.
ASIC has the power to initiate its own investigations and has strong powers to enforce companies and individuals within a company to assist and cooperate with its investigations. The failure to comply with an ASIC requirement can have severe penalties for a company and on an individual level, a failure to comply with ASICs requirements can lead to imprisonment.
It is for these reasons we are of the view that a company’s best defence against the impact of an ASIC investigation is to take their own positive steps towards corporate compliance and governance. A good starting point to ensure compliance is to conduct regular internal reviews of corporate compliance practices.
In the event that ASIC has commenced a formal investigation, it is important that a company and its representatives seek legal advice at the earliest possible opportunity following notice of that investigation so that any negative implications of that investigation can be reduced where possible.
At Rowe Bristol Lawyers, we have extensive experience in advising and assisting clients in their dealings with ASIC from the outset of an investigation through to its conclusion.
If you require legal advice in relation to ASIC Investigations, please contact us to arrange a meeting so that we may consider your specific circumstances.
The above information in relation to ASIC Investigations is provided as general information only and should not be relied upon as legal advice. The accuracy of this information may have changed from the date whenit was published.