US SEC registration by the Commonwealth of Australia

The Commonwealth of Australia has registered with the US Securities and Exchange Commission (SEC) to allow the Australian Government to issue securities in the US market. Registration requires entities that wish to issue securities to provide certain information to allow investors to make informed decisions and avoid fraud.

This registration has been subject to various conspiracy theories.[1] Most relate to the idea that Australia ceased being a sovereign nation following the formation of a "Corporate" entity,[2] or that a new entity was created that violates the Australian constitution.[3][4] These conspiracies are baseless, as SEC registration does not create a new corporate entity. In this case, the Commonwealth was registered using form 18, which does not create a corporation.[1][5][6] This is also the case for US companies, which are created by registration with state regulatory bodies and must exist before registering with the SEC. The registration does not affect the operation of Australian laws, with US regulations and laws only applying to operations done in the US. i.e only securities issued in the US would be subject to US regulations.[7][8]

Although digitally available filings date back to 2002,[9] attention was brought to it following the 2008 financial crisis and the subsequent introduction of the deposit guarantee scheme under the Rudd government.[10][7] If an institution covered by the scheme were to collapse, the Australian Government would, at its discretion, issue debt securities that would be subject to US laws and financial regulations.[7]: 3  As of 2020, Australia has yet to issue any securities related to the deposit guarantee scheme into the US market.[11][12]

References

  1. ^ a b "No, the Australian government isn't a privately owned US company". AAP FactCheck. 11 November 2020. Retrieved 13 February 2026.
  2. ^ Sudy, Robert (28 June 2018). "Australia is NOT a foreign corporation registered with the U.S. S.E.C." FREEMAN DELUSION: The Organised Pseudolegal Commercial Argument in Australia. Retrieved 26 November 2020.
  3. ^ "Is the Commonwealth of Australia, registered as a corporation in the USA, a legal entity under the Australian Constitution? - a Freedom of Information request to Department of the Prime Minister and Cabinet". Right To Know. 13 March 2013. Retrieved 26 November 2020.
  4. ^ "High Court writ sought to challenge Australian governments acting as a corporation registered in the US | Sovereign Union - First Nations Asserting Sovereignty". nationalunitygovernment.org. Retrieved 26 November 2020.
  5. ^ "Documents relating to registration with the SEC of the Australian Government as a privately owned American company | Treasury.gov.au". treasury.gov.au. Retrieved 26 November 2020.
  6. ^ "EDGAR Search Results". www.sec.gov. Retrieved 26 November 2020.
  7. ^ a b c Australian Government (29 June 2009). Commonwealth of Australia Guarantee of Debt Securities of Australian Authorised Deposit-taking institutions covered by the Australian Government Guarantee scheme for Large Deposits and Wholesale Funding (PDF) (Report). Securities Exchange Commission. Retrieved 27 November 2020.
  8. ^ "Is the Australian Government a US Corporation?". Am I Making Sense?. 28 November 2012. Archived from the original on 24 March 2023. Retrieved 27 November 2020.
  9. ^ SEC. "Commonwealth Of Australia 2001 Annual report for foreign governments 18-K". SEC.report. Retrieved 21 February 2021.
  10. ^ "Financial Claims Scheme | APRA". www.apra.gov.au. Retrieved 26 November 2020.
  11. ^ "Commonwealth Of Australia SEC Registration". sec.report. Retrieved 26 November 2020.
  12. ^ "Why Australia is Actually an American Company". YouTube. Archived from the original on 15 June 2020. Retrieved 27 November 2020.
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