About the court enforceable undertakings register
This information sheet (INFO 28) explains our court enforceable undertakings register. It includes information on:
- what court enforceable undertakings are
- how you can get a copy of a particular court enforceable undertaking
- what is contained on the court enforceable undertakings register.
The register lists court enforceable undertakings accepted by ASIC under relevant laws we administer. For our policy on court enforceable undertakings, see Regulatory Guide 100 Court enforceable undertakings (RG 100).
What are court enforceable undertakings?
Court enforceable undertakings contain a set of undertakings from parties who contravene the legislation we administer, that we may accept and that are enforceable in a court. We may accept court enforceable undertakings as an alternative to, or in conjunction with, other enforcement action.
We may accept a court enforceable undertaking given by:
- a person in connection with a matter in relation to which we have a function or power under the Australian Securities and Investments Commission Act 2001 (ASIC Act) or the Corporations Act 2001 (Corporations Act) (see section 93AA of the ASIC Act)
- a responsible entity of a registered scheme in connection with a matter involving the registered scheme, and over which we have a function or power under the Corporations Act (see section 93A, ASIC Act)
- a person in connection with a matter in relation to which we have a function or power under Commonwealth credit legislation (see section 322 of the National Consumer Credit Protection Act 2009 (National Credit Act)), or
- a person in connection with a matter in relation to which ASIC has a function or power under the Superannuation Industry (Supervision) Act 1993 (SIS Act) (see section 262A of the SIS Act).
For information about when ASIC will accept enforceable undertakings, see RG 100 and Regulatory Guide 218 Licensing: Administrative action against persons engaging in credit activities (RG 218).
How can I get a copy of a court enforceable undertaking?
Court enforceable undertakings that we have accepted are made public through the court enforceable undertakings register and are free of charge. You can get a copy by downloading it as a PDF file from the court enforceable undertakings register.
What information can I get from the court enforceable undertakings register?
The register gives you the following information about court enforceable undertakings that we have accepted:
- the relevant legislative provisions that allow ASIC to accept the undertaking
- the names of parties giving the undertaking
- a link to the media release about the undertaking
- the date the undertaking was accepted by ASIC
- for some undertakings, information about compliance with the terms of the undertaking.
You can get some background on the court enforceable undertaking from the relevant media release.
Search the court enforceable undertakings register now.
This is Information Sheet 28 (INFO 28), updated in July 2022. Information sheets provide concise guidance on a specific process or compliance issue or an overview of detailed guidance.