Incorporated Associations and their evolving legal landscape

June 2022 updates for incorporated association governance The legal landscape that the Incorporated Associations (IAs) operates within, has recently undergone a major overhaul, resulting in the assent of the Associations Incorporation and Other Legislation Amendment Act 2020 in June 2022. As a result, a staggered rollout of amendments to IA’s governing legislation is now underway. continue reading

How do you determine if a company is insolvent?

Insolvent Company Director Debts Insolvency Business Involuntary Liquidation Administration

The answer to the question “How do you determine if a company is insolvent?” is important because there are serious consequences for a director if debts are incurred after the company has become insolvent, including civil penalties, compensation proceedings and criminal charges. However, it is often difficult to know when a company has crossed the continue reading

Personal Liability for Company Directors

Insolvent Trading Phoenix Activity Company Director Duties

A company is an association incorporated under the Corporations Act 2001 (Cth) (the ‘Act’). The effect of incorporation gives the company a separate entity, distinct from its directors and shareholders. It can enter into contracts, sue and be sued in its own right. The Australian Investment and Securities Commission (ASIC) is the Government body authorised continue reading

Directors’ Responsibilities – what are they?

directors responsibilities director duties company director orgainsation shareholder governance

A company is an association incorporated under the Corporations Act 2001 (Cth) (the ‘Act’). The effect of incorporation gives the company a separate entity, distinct from its directors and shareholders. It can enter into contracts, sue and be sued in its individual right. The Australian Investment and Securities Commission (ASIC) is the Government body authorised continue reading

Options for your insolvent company

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If your company is in financial difficulty and heading towards insolvency, there are options available which allow a company to be guided through its financial distress. The best option for your company depends on the solvency of the company and the broad range of director duties and obligations. In this article, we examine the three continue reading

Are You A Director Of An Insolvent Company?

director company insolvent directors duties bankruptcy

During difficult economic conditions it is important that all directors revisit their duties as directors and are aware of how the board should deal with the situation where a company is in financial difficulty and may be insolvent. What is insolvency? A company is deemed to be insolvent when it cannot pay its debts as continue reading

Asset Protection for your Business

I was recently invited to sit on Your Business Panel. The panel was put together with the objective of assisting business owners by providing expert advice from different professions, in a unique question and answer session. One question asked during the panel’s session highlighted to me the importance of asset protection in the structure of continue reading

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