Newcrest ruckus sets market watchdog growling over reports
The Australian Securities and Investments Commission said it would devote extra attention to the way companies communicate with analysts and investors over the next couple of months, when most companies report their June-quarter and financial-year results.
The project will involve spot checks on certain companies and will be accompanied by a campaign to ensure market participants are aware of the penalties that apply for those found to be selectively informing others of market-sensitive information.
ASIC sought to distance the project from the investigation into Newcrest's conduct in May and last month, when a host of analysts and many investors appeared to anticipate a restructure.
But ASIC commissioner Cathie Armour acknowledged that the Newcrest saga did help spark the project.
"Some of the commentary after Newcrest's early June announcement put the spotlight on a more general issue of companies and their briefings of research analysts," Ms Armour said.
The project is similar to one that has been run in previous years, and is separate to another long-running investigation into how companies manage confidential information.
"Our plan is that we will ask a sample group of companies across a range of sectors and geography who are listed on Australian markets if they would be willing to have ASIC staff attend their analyst presentations when they produce their financial reports," she said.
Whether the increased focus will achieve results remains unclear; participation will be voluntary for companies and they will be well aware that regulators are in the room at the time.
The project is not expected to require companies to disclose full records of all interactions with big investors and analysts. But it seems the public outrage that followed the Newcrest saga has already imposed a mood of extreme caution on those employed by ASX-listed companies, and those working in the financial industry.
Several employees of large listed companies have confided to BusinessDay that higher levels of caution are being taken when arranging interviews and information for public consumption.
The mood has been reflected in some investment bank research notes too. Some analysts have taken to outlining what was not discussed at recent company briefings, as well as topics that were discussed.
Newcrest has hired former ASX chairman Maurice Newman to investigate its conduct before the June 7 controversy, in a bid to uncover any potential problems.
That investigation is expected to be concluded within a couple of months, while some believe ASIC's formal investigation into the Newcrest controversy may not reach a conclusion before Christmas.
The June 7 restructure and the subsequent controversy took a massive toll on Newcrest's share price last month. However, many investors seem to think it has bottomed, and the stock has risen by about 20 per cent over the past two weeks.
Frequently Asked Questions about this Article…
The disclosure scandal involving Newcrest Mining sparked ASIC to devote extra attention to how companies communicate with analysts and investors. ASIC said the Newcrest saga highlighted broader issues around company briefings, prompting a project of spot checks and monitoring during the June-quarter and financial-year reporting season.
ASIC plans to carry out spot checks and ask a sample group of ASX-listed companies across sectors and geographies if ASIC staff can attend their analyst presentations when they release financial reports. The increased focus is timed for the coming reporting season when most companies report June-quarter and financial-year results.
No. The project is not expected to require companies to disclose full records of all interactions with large investors and analysts. Participation in having ASIC staff attend briefings will be voluntary.
No. ASIC said the monitoring project is separate from its formal investigation into Newcrest’s conduct. However, ASIC commissioner Cathie Armour acknowledged the Newcrest controversy helped spark the broader project.
ASIC has warned it will run a campaign to make market participants aware of the penalties that apply for selectively informing others of market-sensitive information. The article doesn’t list specific penalties, but it makes clear ASIC intends to highlight and enforce existing rules against selective disclosure.
The public outrage around the Newcrest saga has created a mood of extreme caution. Company employees report being more careful when arranging interviews and releasing information, and some investment bank analysts have begun explicitly noting what was and wasn’t discussed at recent company briefings.
Newcrest hired former ASX chairman Maurice Newman to investigate the company’s conduct before the June 7 controversy. That internal investigation is expected to conclude within a couple of months, while ASIC’s formal probe may not reach a conclusion before Christmas.
The June 7 restructure and subsequent controversy took a massive toll on Newcrest’s share price. According to the article, many investors now believe the stock has bottomed, and the share price rose by about 20 per cent over the past two weeks.

