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ARTICLE · 09 MARCH 2011

The known unknowns: trading halts made easier by ASX

Continuous disclosure continues to be front of mind for listed companies.

AustraliaCorporate/Commercial Law

Continuous disclosure continues to be front of mind for listed companies.

This is clearly evidenced by the Fortescue Metals case, renewed warnings by ASIC Deputy Chair Belinda Gibson and the "speeding ticket" handed out to Nufarm at the end of last year (to name just the most recent examples).

A new ASX Guidance Note aims to encourage the use of trading halts and voluntary suspensions to manage continuous disclosure issues – although it also highlights their limitations.

Background

Listing Rule 3.1 requires the immediate disclosure of price-sensitive information about a company.

This is subject to a few exceptions (such as where the information relates to a confidential and incomplete proposal). However, the scope of those exceptions is narrow and getting narrower.

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