This Consent to Act as Director is for use before a person is appointed as a director of a company.
Under section 201D of the Corporations Act 2001 (Commonwealth) a company is required to obtain a signed consent to act as director from all directors, before they are appointed. This document is designed to help companies meet their obligations in relation to this. This document also allows the company to obtain vital personal details from the director.
A person must meet certain criteria in order to be eligible for the role of director. In particular, the director must:
- be at least 18 years old; and
- consent to taking on the role and responsibilities of director.
In addition, certain people (such as undischarged bankrupts) are ineligible for the role of director. Further information on this is available from the Australian Securities and Investments Commission.
Once appointed, the director also incurs some important legal responsibilities. Further information about directors' duties is available in the Corporations Act 2001 (Commonwealth) and from the Australian Securities and Investments Commission.
How to use this document
As noted above, the company is required to obtain a signed consent to act as director from the director before he or she is appointed.
If the company has already been established, then the first thing to do is to check the company's constitution and Shareholders Agreement (if applicable) to determine how a new director may be appointed. It is important that the company follow any applicable procedures.
The prospective director will need to make sure he or she understands the legal duties that are involved with the role, and to make sure that he or she is willing to accept these duties.
Once the prospective director has signed this document, the company may provide a copy of it to the director, and is required under section 201D of the Corporations Act 2001 (Commonwealth) to keep the consent with the company's records.
The company is required to notify the Australian Securities and Investments Commission of the appointment of the new director.
Company matters are generally dealt with under the Corporations Act 2001 (Commonwealth).
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