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ARTICLE · 01 JUNE 2020

Temporary relief from continuous disclosure for listed companies during COVID-19

Continuous disclosure rules, ensuring integrity of the market, have been onerous for listed companies during COVID-19.

AustraliaFinance and Banking

In brief - Treasurer Josh Frydenberg announced on 25 May 2020 that the government will temporarily amend the continuous disclosure provisions in the Corporations Act.

The announcement acknowledged the difficulty companies are facing in releasing forward-looking market guidance during COVID-19.

The Treasurer said that companies may "hold back" from making forecasts of future earnings for fear of exposure to class actions, therefore limiting the amount of information available to investors.

The changes take effect from 26 May 2020 and will remain in place for six months.

How will continuous disclosure rules change?

The Corporations Act has been temporarily amended for six months so that companies and officers will only be liable if there has been "knowledge, recklessness or negligence" in relation to updates on price sensitive information.

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