These notices often charge substantially more than ASIC’s published fee because the amount includes an additional fee for the third party’s services.

More importantly, responding to the correspondence may authorise the third-party provider to act on your company’s behalf. Depending on the documents or authorities completed, this could interfere with the existing ASIC agent arrangements we manage for you.

If your company is removed from SMART Business Solutions’ registered agent listing, we may need to complete additional documentation and lodge an application with ASIC to restore our appointment. This creates unnecessary administration and could affect our ability to receive and manage important ASIC correspondence for your company.

The safest approach is simple: if you receive anything relating to ASIC, forward it to our team before responding, signing anything or making payment.

The correspondence can be very convincing. It may:

• Arrive by post or email
• Refer to your correct company or business name
• Include your ABN, ACN or other publicly available information
• Refer to an annual review or renewal date
• Quote a fee that includes both ASIC charges and an additional service fee
• Offer a discount for early payment
• Use urgent language or a short payment deadline
• Provide familiar payment methods such as credit card, BPAY or a QR code

Some notices include a disclaimer in small print explaining that the document was not issued by ASIC, is not an invoice and does not require payment. Unfortunately, this information may be easy to overlook when the rest of the document resembles an official government notice.

The notices are generally issued by private third-party service providers.

Some of these businesses may be registered ASIC agents and may legally assist companies with ASIC-related matters where they have been properly authorised. However, they are independent businesses, not ASIC, and may charge additional service fees on top of ASIC’s published fees (they can access your information on the ASIC website).

ASIC has made it clear that unsolicited correspondence must not create the misleading impression that it was sent or authorised by ASIC. The provider should clearly identify itself as independent, separate its service fee from the ASIC fee and explain that the communication is an offer, not an invoice requiring payment.

You do not have to use an unsolicited third-party provider. You can deal directly with ASIC or continue using your existing registered ASIC agent.

Genuine ASIC correspondence will:

• Clearly identify ASIC as the sender
• Come from an email address ending in @asic.gov.au if sent electronically
• Direct you to complete relevant actions through an official ASIC channel
• Allow you to verify the obligation through ASIC Connect or the Company Officeholder Portal
• Charge ASIC’s published fee without an undisclosed third-party service charge
• Be sent through the appropriate registered agent, online account or nominated company address

For a company annual review, ASIC generally sends the annual statement to one address only. If a registered agent has been appointed, ASIC will ordinarily send it to that registered agent first.

Take particular care if:

• The sender uses a business name containing words such as “registry”, “registration” or similar official-sounding terms
• The amount is substantially higher than ASIC’s published fee
• The notice uses urgent language or offers an early-payment discount
• It refers to a renewal or review well before it is due
• It does not clearly separate the ASIC fee from the provider’s service fee
• The fine print says the document is not a bill and payment is optional
• You have never engaged or authorised the sender to act for your business

For clients who have appointed SMART Business Solutions as their registered ASIC agent, our service involves much more than simply forwarding an ASIC fee for payment.

As part of our corporate compliance service, we help you:

• Monitor your company’s annual review requirements
• Receive and review your annual company statement
• Remind you when ASIC’s annual review fee is due
• Confirm or update company details
• Assist with annual solvency requirements under the Corporations Act
• Maintain appropriate company records and compliance documentation
• Manage changes to shareholder, registered office and officeholder details
• Process appointments, resignations and other company changes, subject to the scope of your engagement
• Address ASIC requirements within the applicable timeframes

An unsolicited third-party provider will not necessarily understand your company, its history or its broader compliance position. Its service may involve little more than processing a payment or lodging a specific form - at an additional cost.

Do not pay immediately. The correspondence may be an optional offer rather than an invoice, and you may have no obligation to pay it.

Do not sign or complete an authority without advice. You may unintentionally authorise the sender to act for your company or interfere with your existing registered agent arrangements.

Do not use the contact details in the notice to verify it. Instead, contact SMART Business Solutions or ASIC independently using verified contact details.

Forward the notice to SMART Business Solutions. Our team can check whether the correspondence is genuine, whether an ASIC obligation is actually due and whether any action is required.

Check your ASIC obligations through an official channel. You can log in directly to ASIC Connect or the Company Officeholder Portal. You can also contact ASIC on 1300 300 630.

Report suspicious correspondence. If the notice appears to impersonate ASIC or is potentially misleading, you can lodge an online enquiry with ASIC and attach a copy. Suspected scams can also be reported to Scamwatch.

If you have already paid or signed something, contact us immediately. We can check whether the sender has been appointed to act for your company and whether any action is needed to restore SMART Business Solutions as your registered ASIC agent. If you believe the payment resulted from a scam, contact your bank promptly as well.

Company annual reviews and business name renewals are genuine compliance obligations, so correspondence containing your correct company details can appear credible.

Third-party providers can obtain certain company and business information from publicly available registers. Combined with official-looking formatting, urgent payment language and familiar payment options, this can lead busy business owners to assume the document is a genuine ASIC invoice.

The best protection is knowing how the process works and checking before acting.