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Compliance Due Diligence

Change of ownership

Anyone involved in changing ownership of registered training organisations (RTOs) and Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) providers must meet certain obligations.

RTOs and CRICOS providers are not permitted to transfer their registration from one legal entity to another. However, where a change of company shareholdings occurs, but the ABN/ACN of the entity registered with ASQA does not change, then the provider may continue as long as they notify ASQA of the change of ownership.

ASQA has produced a Guide to change of ownership, which outlines the process and mandatory evidence required when notifying ASQA of a change of provider ownership.

This fact sheet provides information on what you should consider when buying a training provider through the purchase of shareholdings.

Registration requirements

If you are considering purchasing a training provider, you should be aware of your obligations under the Vocational Education and Training (VET) Quality Framework, and to ASQA, as the national regulator.
The VET Quality Framework is comprised of the:
Standards for Registered Training Organisations (RTOs) 2015 (the Standards)
Fit and Proper Person Requirements 2011
Financial Viability Risk Assessment Requirements 2011
Data Provision Requirements 2020
Australian Qualifications Framework


Along with meeting your legislative requirements under the VET Quality Framework, you must also:
cooperate with ASQA’s General Directions and compliance monitoring activities
pay all required fees and charges associated with your registration
comply with any additional licensing requirements imposed on particular VET courses.

Notification of material change—change of ownership requirements

You must provide ASQA with a Notification of material change when transferring the ownership of a provider. This notification is made via ASQA’s online portal system, asqanet.


Requirements.
You will need to complete a self-assessment tool that will assess your compliance with the clauses and standards relevant to your registration. 

Change of ownershipOther considerations when purchasing a provider

If you purchase a provider’s shareholdings and take control of their registration, you need to be aware of, and consider, the following issues.

Compliance history of the provider
Scope of registration
Students (including those under 18 years)
Student records

Thinking to buy RTO

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Source 

ASQA Website