The Companies Office has established a temporary Register of Securities Offers (the Offers Register) following provisions introduced in the Securities Amendment Act 2011 coming into force on 1 July 2013 (see sections 43N to 43S of the Securities Act). This register will cease to exist when the Financial Markets Conduct Bill is enacted, and will eventually be replaced by two registers (the register of offers of financial products and the register of managed investment schemes) which will be an integral part of the new offer disclosure regime.
While the Offers Register remains in place, when a new prospectus is submitted for registration issuers are required to provide additional information to the Registrar of Financial Service Providers as set out in the new Companies Office Form RSO (last updated on 12 July 2013). This form is attached to the Companies Office's Prospectus Payment Form here.
Any new prospectus registered from 1 July 2013 will be recorded on the Offers Register and will be publicly viewable. However, the current form of the register does not have the features that were envisaged for the register when the legislation was introduced in 2011. The Offers Register was intended to provide the public with comparable information about different offers of securities available under registered prospectuses in order to assist investors make more informed investment decisions, complete with search functions designed to facilitate comparisons. These features will be incorporated as part of the registers being designed for the new regime under the Financial Markets Conduct Bill.
The new Securities Act provisions (which came into force on 1 July) also include a duty on issuers to notify certain ongoing matters and provide certain documents and information to the Registrar (section 43Q) in the prescribed manner. However, no manner of providing this information has been prescribed, so the Companies Office has confirmed that issuers may choose not to provide this information.
Further information is available on the Companies Office website here.