Appoint an Alternate Director kit

Does one of your Directors need to take a break? Are they unable to act as a Director for a short period?

Don't panic. They can appoint an Alternate Director to act in their place until they are able to return to their position. Your Company can continue business as usual.

Appointing an Alternate Director can be time consuming, requiring many meetings, letters and forms. LawCentral simplifies the process, automatically creating everything you need. It will only take you 7 - 11 minutes to enter some simple details. All documents created adhere to Best Practice Guidelines.

Why Wait? Start building one now! There is NO CHARGE for going through the Document Building Process. You can read all the hints for free. You can see the Summary for free.

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Company Details
• What do I get from LawCentral?
• How do I write the Company Name?
• What is an ACN?
• Where do I find the 'Corporate Key' number?
• Do I need to inform ASIC of these changes?
• Is the ACN the same as the ABN?
• Does a lawyer check what I am doing?
• What do I do once this kit is completed?
Office Holder
• Who can sign the ASIC Form?
• What is the ASIC Form?
Leaving Director
• Who is the 'leaving Director'?
• What if no Director is leaving?
• Why do I need to give this information?
• Where was the Director born?
• How do I enter the date?
• What if I don't know when the Director is leaving?
Alternate Director
• Who can be a Director?
• Can a Director be a company?
• Do I have to provide all these personal details?
• How do I enter the dates?
• Do I need to give the Alternate Director's place of birth?
• Do I really need to give a home address for the Director?
Remaining Directors
• It's a single director company. What do I do?
• How do I work out who the Remaining Directors are?
• There are lots of Remaining Directors. Do I have to enter all of them?

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Company Details

• What do I get from LawCentral?

  You get all the forms and paperwork needed to replace a Director within your Company. These include:
  
  1) Consent to Act as a Director.
  2) Circulating Resolution to Appoint an Additional Director.
  3) A Completed Form 484 to notify ASIC of the appointment.
  
  

  This hint is provided by Law Central Legal.

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• How do I write the Company Name?

  You write the name of your company exactly as the name appears on the Company registration when you first registered with ASIC.
  
  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.

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• What is an ACN?

  "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.
  

  This hint is provided by Law Central Legal.

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• Where do I find the 'Corporate Key' number?

  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.
  
  
  

  This hint is provided by Law Central Legal.

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• Do I need to inform ASIC of these changes?

  Yes.
  
  Section 205B(2)of the Corporations Act 2001 states that a company must notify ASIC of:
  (a) The personal details of any Alternate 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).
  
  

  This hint is provided by Law Central Legal.

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• Is the ACN the same as the ABN?

  No. But they are similar.
  
  Your 9-digit Australian Company Number (ACN) identifies your company to ASIC.
  E.g. ACN 889 454 232
  
  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.

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• Does a lawyer check what I am doing?

  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.

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• What do I do once this kit is completed?

  When you finish you will get clear instructions on what to do with your printed documents.
  
  Curious now though? It's easy. You have to:
  1. Print out the paperwork.
  2. Get all documents signed.
  3. Place the Circulating Resolution in your company records.
  4. Mail or hand deliver Form 484 to ASIC (within 28 days).
  
  

  This hint is provided by Law Central Legal.

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Office Holder

• Who can sign the ASIC Form?

  Only a 'current office holder' of the company can sign the form.
  
  That is, a Director or a Secretary.

  This hint is provided by Law Central Legal.

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• What is the ASIC Form?

  ASIC form 484 is automatically produced when you finish this kit. It is the form that you send to ASIC to advise them of the changes.
  
  A Director or Secretary of your company has to sign the form.
  
  

  This hint is provided by Law Central Legal.

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Leaving Director

• Who is the 'leaving Director'?

  This is the Director who is unable to perform their duties for the time being.
  
  

  This hint is provided by Law Central Legal.

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• What if no Director is leaving?

  You need a different LawCentral kit.
  
  You should use our "Appoint new Director" kit. That kit allows you to simply add Directors, increasing the number on your Board of Directors.

  This hint is provided by Law Central Legal.

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• Why do I need to give this information?

  ASIC wants to know the details of the Director who is leaving. This information corresponds with ASIC's existing records.
  
  

  This hint is provided by Law Central Legal.

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• Where was the Director born?

  You need to give the name of the town/city and the state/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'.
  

  This hint is provided by Law Central Legal.

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• How do I enter the date?

  Don't try typing it in. Simply 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.

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• What if I don't know when the Director is leaving?

  Don't worry. You can leave this space blank and fill in the information later on the ASIC form 484.

  This hint is provided by Law Central Legal.

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Alternate Director

• Who can be a Director?

  A Director must be an adult (over 18).
  
  A Director cannot be subject to any Deed of Arrangement with creditors.
  
  A Director cannot currently be an undischarged bankrupt.
  
  A Director cannot have been convicted of certain type of offences as set out in the Corporations Act s201B(2) and s206B(1).
  
  

  This hint is provided by Law Central Legal.

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• Can a Director be a company?

  Good idea. However, the law won't let you do that. You need a living human being as a Director.

  This hint is provided by Law Central Legal.

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• Do I have to provide all these personal details?

  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’.
  

  This hint is provided by Law Central Legal.

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• How do I enter the dates?

  You don't have to type them in. Simply 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.

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• Do I need to give the Alternate Director's place of birth?

  Yes. You need to give the name of the town or city and the state or country in which 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.

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• Do I really need to give a home address for the Director?

  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.
  

  This hint is provided by Law Central Legal.

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Remaining Directors

• It's a single director company. What do I do?

  No problem.
  
  Just enter the name of the Leaving Director. It should be exactly the same as you entered on the Leaving Director page.

  This hint is provided by Law Central Legal.

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• How do I work out who the Remaining Directors are?

  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.

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• There are lots of Remaining Directors. Do I have to enter all of them?

  Yes. You have to put in any existing Director who is not being replaced. (Don’t put in the Alternate 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 all the current Directors click on "Next" to move on to the next question.

  This hint is provided by Law Central Legal.

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This document has been prepared by the law practice Law Central Legal

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