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ARTICLE · 09 OCTOBER 2026

Beyond Relevant Interests: Navigating The New Deemed Economic Interest Calculation

Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
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Herbert Smith Freehills Kramer LLP

Herbert Smith Freehills Kramer LLP

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Following ASIC’s release of ASIC Corporations (Listed Entities Enhanced Beneficial Ownership) Instrument 2026/482 (Instrument) and its revised Guidance Notes1, we now have a clearer understanding...

AustraliaCorporate/Commercial Law
Mia Harrison-Kelf
Mia Harrison-Kelf
Samuel Moran
Samuel Moran
Joyce Li
Joyce Li
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Background

Following ASIC’s release of ASIC Corporations (Listed Entities Enhanced Beneficial Ownership) Instrument 2026/482 (Instrument) and its revised Guidance Notes1, we now have a clearer understanding of how deemed economic interests (particularly non-physically settleable derivatives) and offsetting short positions will be calculated.

Ahead of the commencement of the new disclosure requirements from 4 December 2026, we have set out below an overview of how a person’s deemed economic interest and offsetting short position will be calculated, which will impact substantial holding and director interest disclosures and beneficial interest tracing regimes.

Refresher on ‘deemed economic interest’ disclosure

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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