Director duties advice
Run and manage your business Director duties advice Know your duties as a director before a breach forces you to learn them. Being a director of an Australian company is a position of significant personal responsibility. The duties imposed by the Corporations Act 2001 (Cth) are personal, non-delegable, and carry serious consequences for breach, including […]
Your asset protection could be compromised: The hidden risks of shadow and de facto directorships
Do you provide advice or influence decisions in a company without a formal director title? You could be a ‘shadow’ or ‘de facto’ director, exposing yourself to significant personal liability that could jeopardise your asset protection strategies.
How to pay yourself from your company
Budget Update Notice: The 2026/27 Federal Budget contains proposals that may affect the information in this article. As at the date of this notice, these are proposed measures and have not yet passed into law. We are reviewing and updating our content as the legislative process progresses. If you are making a decision based on […]
Solution Brief: Constitutions
When people go into business together, it is common for them to enter into a Shareholders’ Agreements to govern how they will own and administer their company. Our preference is to use a company’s Constitution as the primary instrument to regulate the affairs of a company. Our reasons for this include: Simplicity A Constitution provides […]
Solution Brief: Company Powers of Attorney
How can a company execute a document if some or all of the directors and/or secretary are not available? There are many occasions where it is not possible for a director, directors, or a company secretary to be available to make decisions or execute documents to which the company is to be bound. Executing Documents […]
Attention accountants. Don’t get blamed by your client when a DPN goes to the wrong address
The ATO’s ‘debt holiday’ is well and truly over, and it has moved past the warning phase and has been issuing a steady stream of director penalty notices (DPNs). As an accountant, there is a fair chance you act as the registered office for your client’s company. However, you know that you can’t be responsible […]
Estate planning for sole directors of private companies
If you are the sole shareholder and director of a private company, have you thought about what will happen to your business if you lose capacity or die? Failure to plan for this eventuality can affect the financial viability of your assets and leave your family vulnerable – so it is something you need to turn your mind to. Fortunately, there are several solutions that are easy to implement and lots of advice about these issues is available.
Director Identification Numbers
In June 2020, legislation was passed to enable the rollout of Director Identification Numbers (DINs) for company directors. The Australian Business Registry Services (ABRS) is ready to start registering directors from November 2021.
How much notice do you need to give to call a directors/Board meeting?
[et_pb_section fb_built=”1″ admin_label=”section” _builder_version=”4.16″ global_colors_info=”{}”][et_pb_row admin_label=”row” _builder_version=”4.16″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” global_colors_info=”{}”][et_pb_column type=”4_4″ _builder_version=”4.16″ custom_padding=”|||” global_colors_info=”{}” custom_padding__hover=”|||”][et_pb_text admin_label=”Text” _builder_version=”4.27.2″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” hover_enabled=”0″ global_colors_info=”{}” sticky_enabled=”0″] The Corporations Act 2001 (Cth) does not specify a minimum notice period for the calling of a valid directors/Board meeting. All that is required under the Corporations Act is that each […]
Do directors need notice of proposed director/Board resolutions?
The short answer is, no. The Corporations Act 2001 (Cth) does not require directors to be given prior notice of any matters to be discussed at a directors/Board meeting, or any resolutions to be put to the directors/Board at the meeting. Your Company’s Constitution may include specific provisions that require advanced notice of what will […]