Consent to Act as an OfficeholderA Consent to Act as an Officeholder is used to communicate that a person agrees to be an officeholder of a company.
A Consent to Act as Officeholder is a written consent which should be given by any person who intends to act as a director or secretary (or both) of a company. Officeholders 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, an officeholder 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 an officeholder's appointment.
A person cannot be appointed an officeholder of a company if they are under 18 years of age or if they have previously been disqualified from doing so by ASIC. An exception may be obtained from the latter rule by appealing to ASIC or through a court proceeding.
What does this document cover?
This document covers the given and family names of the consenting officeholder, their date of birth, place of birth and residential address.