ASX Limited (‘ASX’) refers to:

• its consultation paper entitled Proposed Listing Rules changes: online forms, notification of security issues and corporate action timetables issued on 30 November 2020; and
• its Consultation Response issued on 24 March 2021 setting out its response to the feedback received on its consultation paper and annexing the Listing Rule amendments, and new and amended Listing Rule Appendices, proposed to come into effect on 5 June 2021.

Since releasing the Consultation Response, ASX has made some minor changes to the Listing Rule amendments to correct or clarify some drafting issues. The final version of the Listing Rule changes that will come into effect on 5 June 2021 can be viewed here. A mark-up comparing the final version of the Listing Rule changes to the version released with the Consultation Response can be viewed here.

Updates to Listing Rules Appendixes 2A, 3B and 3G

ASX has also made some minor amendments to the following forms released with the Consultation Response:

• ASX Listing Rules Appendix 2A – making question 2.2b.1 non-mandatory;
• ASX Listing Rules Appendix 3B – adding text to question 1.1 and modifying the explanatory note to part 8A; and
• ASX Listing Rules Appendix 3G – also making question 2.2b.1 non-mandatory.

The amendments to the Appendices 2A, 3B and 3G are being notified to the market pursuant to Listing Rule 19.8B. Marked up versions of the amended Appendices can be viewed by clicking on the links above.

Updates to Guidance Notes 8, 14, 20 and 30

To assist listed entities to prepare for the Listing Rule changes due to come into effect on 5 June 2021, ASX has prepared marked-up versions of the following Listing Rules Guidance Notes showing the consequential changes ASX will be making to them to reflect those rule changes:

• Guidance Note 8 Continuous Disclosure: Listing Rules 3.1 – 3.1B
• Guidance Note 14 ASX Market Announcements Platform
• Guidance Note 20 ASX Online
• Guidance Note 30 Notifying Changes in Issued Securities and Applying for Quotation of New or Additional Securities

These Guidance Notes will be formally published and come into effect on 5 June 2021.

Guidance Note 8 will include a new section 7.9 Cancelling, deferring or reducing a dividend, distribution or interest payment providing guidance on the post-consultation amendments to Listing Rules 3.21 and 3.22.

Guidance Notes 14 and 20 will incorporate changes to reflect the new and amended online forms and to address issues raised by respondents in their submissions on the consultation paper.

Guidance Note 30 has substantial new guidance in section 2 (Notification obligations relating to changes in issued securities) explaining the new and amended obligations under the Listing Rules to notify ASX of the issue, conversion, payment up or cessation of securities. It also has a new table in Annexure A summarising how those notification obligations apply to common corporate actions and events.

For completeness, the update to Guidance Note 8 also includes:

• additional guidance in section 4.15 (Guidelines on the contents of announcements under Listing Rule 3.1) on naming counterparties to market sensitive contracts;
• a new footnote in section 4.15 explaining ASX’s approach to situations where a listed entity fails to disclose the fact that a previously announced material customer contract has not proceeded or has been terminated;
• further explanatory material in section 4.15 and section 5.9 (Listing Rule 3.1A.3 – the reasonable person test) emphasising the fact that a listed entity cannot satisfy its obligation to disclose market sensitive information under Listing Rule 3.1 by disclosing information that is materially inaccurate, incomplete or misleading; and
• a new section 7.10 (Ramping announcements).

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