Consent to Act as DirectorA Consent to Act as Director is used to communicate that a person agrees to be a director of a company.
A Consent to Act as a Director is a written consent which should be given by any person who intends to act as a director of a company. Directors have numerous duties which they have to act in accordance with under the Corporations Act 2001 (Cth), and these are strictly enforced.
Due to this, a Director must provide their consent to act in that role in writing. If this consent is not provided, the appointment of the director will be taken to be void. This consent must be provided to ASIC within 28 days of a Director's appointment.
A person cannot be appointed a Director of a company if they are under 18 years of age or if they have previously been disqualified from doing so by ASIC.
Use this Consent to Act as a Director if:
- Your company is intending to appoint a person as a Director
- You have been, or are about to be, appointed as a Director of a company
What does the Consent to Act as a Director cover?
A Consent to Act as a Director provides ASIC with a Director's personal details and is a written record that a Director understands the role they are about to undertake and their duties including:
- Acting with care and diligence;
- Acting in good faith;
- Not improperly using their position for personal gain;
- Not improperly using information for personal gain;
- Ensuring the company does not trade whilst it is insolvent;
- Keeping accurate and transparent company books and records.
Other names for a Consent to Act as a Director include:
- Consent to be a Director
- Consent to act as a Company Officeholder
- Consent to act as a Director and Secretary