Checklist · Capital Markets & Securities — ECM/DCM and Disclosure

Review checklist for AI-related statements in disclosure documents and annual reports ('AI washing')

Checklist for testing every statement an issuer makes about its use of AI against evidence, covering capability, performance, revenue, governance and risk-factor claims, with the Australian misleading conduct tests and a US enforcement example.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
Australia, United States
AI use
Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at
17 October 2026
Status
Maintained. Checked against the cited sources on 17 October 2026.
Version
1
Source
Written for this library

When to use it

Use before lodging a prospectus, annual report, investor presentation or announcement that describes the issuer’s AI capabilities or strategy. Also useful for website and marketing claims that investors may rely on.

How AI may be used

AI may find and list AI-related claims across documents. Whether each claim is supported is checked against evidence by a lawyer and the issuer’s technical staff.

AI may

  • Find and list every AI-related statement across the prospectus, annual report, presentations and website, with locations
  • Flag superlatives, quantified claims and forward-looking statements about AI
  • Compare AI claims across documents for inconsistency

AI must not

  • Must not decide that a claim is substantiated
  • Must not draft new capability or performance claims
  • Must not process unpublished technical or commercial information in an unapproved tool

The lawyer checks

  • Each claim traced to evidence a technical owner has signed off
  • Forward-looking AI statements have documented reasonable grounds
  • Risk factors describe the issuer’s real AI dependencies and regulatory exposure

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

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