Director’s Duties

A company is recognised as a separate legal person. It is required to follow the law and has obligations to pay tax, like other legal persons.

If you are the director of a company, it is your responsibility to manage the company, and ensure it is meeting its legal obligations.

Regardless of your industry or type of business, if your entity structure is a company then it is important you understand your role as a director of the company and your duties to the company.

If your company is a Not-For-Profit and is also registered as a charity with the Australian Charities and Not-For-Profits Commission (ACNC), then the directors are subject to the Governance Standards of the ACNC.

In addition to complying with your general duties as a director, your duty also extends to shareholders of the company. If the company is in financial distress, your duties can extend to the creditors and employees who have outstanding entitlements.

At MV Law, our experienced team of director’s duties lawyers can advise you about your obligations as a company director, as well as provide assistance to the company in relation to matters at board level. We are commercially focussed and will work to achieve the best outcome for your business.

The MV difference

At MV Law, our experienced team of director’s duties lawyers will ensure you understand your obligations as a company director.

We work closely with you and are committed to protecting your interests, both legal and non-legal. Our services include:

  • advice on board composition and good governance practices at the board level
  • advice on the liability of directors for debts of the company or penalties that might arise for breaches of directors’ duties
  • advice directors in relation to the risk of insolvent trading
  • drafting director or officer indemnity deeds
  • advice on governance systems including delegations of authority and execution protocols;
  • preparing constitutions;
  • advice on board and member meetings, notices and minutes;
  • drafting board policies and guidelines;
  • drafting confidentiality deeds for board members;
  • enforcement actions; and
  • advising and acting on disputes between companies and directors.

Many of our Partners serve on boards of Not-for-Profits and have first-hand experience on the challenges faced by an organisation at the board level.

Be empowered with expert guidance and advice from our award-winning business law team.

Director’s Duties contact image