Equity Derivatives: The New Substantial Holder Notice Disclosure Requirements

In brief

• From 4 December 2026, enhanced substantial holding disclosure and beneficial ownership disclosure obligations will apply to entities listed on Australian securities exchanges.
• The reforms impact the substantial holder disclosure provisions under the Corporations Act 2001 (Cth) by expanding the disclosure requirements to capture interests arising under equity derivatives in addition to relevant interests. The Government’s objective is to “improve corporate transparency by showing who ultimately owns, controls and receives profits from companies”. ²
• Market participants with existing derivative positions, or who regularly take or write derivative positions, should review their holdings and systems well in advance of 4 December 2026 to ensure they are prepared for the new disclosure requirements when the reforms come into effect.