CORPORATIONS ACT 2001

CHAPTER 2D - OFFICERS AND EMPLOYEES  

PART 2D.5 - PUBLIC INFORMATION ABOUT DIRECTORS AND SECRETARIES  

SECTION 205B   NOTICE OF NAME AND ADDRESS OF DIRECTORS AND SECRETARIES TO ASIC  

205B(1)   New directors or secretaries.  

A company must lodge with ASIC a notice of the personal details of a director or secretary within 28 days after they are appointed. The notice must be in the prescribed form.

Note 1: If a person becomes a director under subsection 120(1) there is no appointment and no notice is required under this subsection.

Note 2: If a person who was appointed as an alternate director becomes a director under the terms of their appointment as an alternate director, there is no appointment as a director and no notice is required under this subsection.

205B(2)   New alternate directors.  

A company must lodge with ASIC a notice of:


(a) the personal details of a person who is appointed as an alternate director; and


(b) the terms of their appointment (including terms about when the alternate director is to act as a director);

within 28 days after their appointment as an alternate director. The notice must be in the prescribed form.

205B(3)   Personal details.  

The personal details of a director, alternate director, or secretary are:


(a) their given and family names; and


(b) all of their former given and family names; and


(c) their date and place of birth; and


(d) their address.

Note: For address see section 205D .

205B(4)   Changes in details.  

The company must lodge with ASIC notice of any change in the personal details of a director, alternate director or secretary within 28 days after the change. The notice must be in the prescribed form.

205B(5)   Notice required if person stops being a director or secretary.  

If a person stops being a director, alternate director or secretary of the company, the company must lodge with ASIC notice of the fact within 28 days. The notice must be in the prescribed form.

205B(6)   [ Alternate director stopped being a director]  

Subsection (5) does not apply if:


(a) the person was an alternate director who stopped being a director in accordance with the terms of their appointment as an alternate director; or


(b) the person gives ASIC a written notice of the person ' s retirement or resignation as a director, alternate director or secretary of the company in accordance with section 205A .

Note: A defendant bears an evidential burden in relation to the matter in subsection (6), see subsection 13.3(3) of the Criminal Code .

205B(7)   [ Strict liability offence]  

An offence based on subsection (1), (2), (4) or (5) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .


 

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