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Jurisdiction: Australia Wide
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Yes, you need to inform ASIC.
Section 205B(2)of the Corporations Act 2001 states that a Company must notify ASIC of:
(a) The personal details of a person who is appointed as a Director; and
(b) The terms of their appointment.
ASIC must be notified within 14 days of the appointment. The notice must be in the prescribed form (Form 484 Section B, supplied in this kit).
Personal details
The personal details of a Director include:
(a) Their given and family names;
(b) Any former given and family names;
(c) Their date and place of birth; and
(d) Their address.
Note: Address means their residential address (See Section 205D of the Corporations Act 2001).
This hint is provided by Law Central Legal.
You write the name of your Company exactly as it appears on your ASIC Company Registration.
E.g. Manley Pty Ltd
Correct way is: Manley Pty Ltd
Incorrect: Manley Pty Limited
or Manley Proprietary Limited
or Manley Proprietary Ltd
This hint is provided by Law Central Legal.
"ACN" stands for Australian Company Number. It is a unique number given to every registered Australian company. You can find the "ACN" of your company on the Certificate of Registration you received from ASIC when you first registered your company.
If you don't know the "ACN" of your company then you can leave it blank and handwrite it in later.
The ACN of a company usually has nine digits.
This is an example of an ACN: ACN 999 250 250.
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No. But they are similar.
Your 9-digit Australian Company Number (ACN) identifies your company to ASIC.
E.g. ACN 887 256 333
Your Australian Business Number (ABN) has 11 digits and is mainly used for taxation purposes.
E.g. ABN 22 345 666 897
You need to put in the ACN. Don't put in the ABN.
This hint is provided by Law Central Legal.
ASIC gives you a number called a Corporate Key to access your Company details. Can't remember it? That's fine, just hand-write it in later.
It can be found in your yearly Company Statement Pack supplied by ASIC. If you do not know your corporate key you can request it from ASIC at www.asic.gov.au or by phoning 03 5177 3988. You need to quote your ACN.
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You get all the forms and paperwork needed to replace a Director in your Company. These include:
1) Consent to Act as a Director.
2) Circulating Resolution to Remove and Replace a Director.
3) A Completed Form 484 to notify ASIC of the appointment.
This hint is provided by Law Central Legal.
No. There are no lawyers at LawCentral.com.au. It is a website that lawyers put their documents on.
Many people, including lawyers, use LawCentral.com.au. They read the hints. They answer the questions. They get to read the Summary. Only at the end are you asked if you would like to buy the document.
This hint is provided by Law Central Legal.
When you finish this kit you will get clear instructions on what to do with your printed documents.
But (in case you can't wait that long) it's easy.
You have to:
1. Print out the paperwork.
2. Get all documents signed.
3. Get any other Directors to sign the Circulating Resolution.
4. Mail or hand-deliver the Form 484 to ASIC.
This hint is provided by Law Central Legal.
Only a 'current office holder' of the company can sign the ASIC Form.
That is, a Director or a Secretary.
This hint is provided by Law Central Legal.
ASIC form 484 is the form you send to ASIC to advise them of changes to your company details.
It is automatically produced when you finish this kit.
A Director or Secretary of your company has to sign the form.
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This is the Director who has:
• Retired
• Resigned
• Died
• Been disqualified
• Been removed from office.
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Stop. You need a different LawCentral kit.
Use our "Appoint New Director" kit.
That kit allows you to add Directors where no existing Director is leaving. It increases the number of Directors on your Board of Directors.
This hint is provided by Law Central Legal.
ASIC wants to know the details of the Director who is leaving. This information must correspond with ASIC's existing records.
This hint is provided by Law Central Legal.
You need to give the name of the town or city and state and country where the outgoing Director was born.
E.g. 'Sydney', and 'New South Wales', or in case of a rural birthplace, use a property name via town or city – e.g. 'Kingston Station via Kimberley'.
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This is the last day the Leaving Director has power to make decisions for the company.
If the Leaving Director is
• Retiring;
• Resigning;
• Being removed; or
• Being disqualified
it is the date stated in their notification.
If the Leaving Director died or became disabled it is the date this occurred.
The date must appear on the ASIC form. It lets ASIC know when the Leaving Director is no longer responsible for company decisions
This hint is provided by Law Central Legal.
The easiest way is to click on the "Select Date" button. Choose the month and year from the drop down menus, then click on the date.
This hint is provided by Law Central Legal.
We have provided these options for convenience. However you must choose from one of these options for this kit to work.
If there is some other reason why the Director is leaving simply pick the nearest option. The legality of your documents will not be affected.
This hint is provided by Law Central Legal.
For the purposes of this kit "Disability" means the Director is no longer able to give their consent.
E.g. If they are in hospital, but can still sign a form, do not choose 'Disability'. Choose 'Resignation' or 'Retirement'. They can then agree to step down as a Director.
E.g. If the Director is leaving because they have advanced Alzheimer's Disease and can no longer communicate, choose 'Disability'. They will not be able to give consent.
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A Director must be an adult (over 18).
A Director cannot be subject to any Deed of Arrangement with a creditor.
A Director cannot be an undischarged bankrupt.
A Director cannot have been convicted of certain offences as set out in the Corporations Act s201B(2) and s206B(1).
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Good idea. However, the law won't let you do that. You need a living human being as a Director.
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Yes. The world has to know who company Directors are, their date of birth and where they were born. As a Director they are in the limelight. They are scrutinized.
You need to give their Family (Surname) name and their given names.
You must give their FULL NAME and not initials, e.g. ‘Mary Jane’ and not ‘MJ’.
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Yes. You need to give the name of the town or city and the state and country where they were born.
E.g. 'Sydney', and 'New South Wales', or in case of a rural birthplace, use a property name via town or city – e.g. 'Kingston Station via Kimberley'.
This hint is provided by Law Central Legal.
Yes. The Director’s address must be the person’s usual residential address (unless ASIC has previously approved an alternate Australian address).
A home address is required by ASIC under the Corporations Act 2001 section 205D.
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The easiest way is to click on the "Select Date" button. Choose the month and year from the drop down menus, then click on the date.
This hint is provided by Law Central Legal.
ASIC wants to know the start date of the New Director. This is when New Directors become legally responsible for company decisions.
If you do not know the start date you can leave this question and fill it in by hand on the ASIC form later.
It appears on the page titled 'Appoint company officeholder' under 'Date of appointment'.
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You cannot be a Sole Director and choose Death or Disability as the reason for leaving. You can only choose death or disability if there are multiple Directors.
For the purposes of this form a Sole Director can only:
• Retire;
• Resign;
• Be removed; or
• Be disqualified.
If a Sole Director died or became disabled, so that they cannot consent to the appointment of the New Director, you need to seek legal advice.
This hint is provided by Law Central Legal.
These are all the Directors of your company other than the Leaving Director and the New Director.
Not sure who the directors of your company are? (It is very sad that you don't know.)
Firstly, if you don't know who the Directors of the company are, have a look at your Company Secretary file.
Alternately, you can do a search of your own company's records at www.ASIC.gov.au.
The remaining Directors are the Directors who were registered with ASIC.
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Stop.
You need to find out about any other Directors before you go any further.
Don't worry, you can return to this stage of the kit later, even if you log off. You do not have to re-enter the information you've already given us.
This hint is provided by Law Central Legal.
These are all the Directors of your company other than the Leaving Director and the New Director.
Not sure who the directors of your company are? (It is very sad that you don't know.)
Firstly, if you don't know who the Directors of the company are, have a look at your Company Secretary file.
Alternately, you can do a search of your own company's records at www.ASIC.gov.au.
The remaining Directors are the Directors who were registered with ASIC.
This hint is provided by Law Central Legal.
Yes. Put in any existing Director who is not being replaced. (Don’t put in your New Director. We did that on the last page.)
This page allows you to fill in each Director's details one at a time.
Click on "Add" to enter the details of each current director. When you have finished entering the details of the entire current Directors click on "Next" to move on to the next question.
This hint is provided by Law Central Legal.
This document has been prepared by the law practice Law Central Legal
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