Public information about directors and secretaries of a company
PDF DOWNLOADWhen registering a new company, or appointing a new director or secretary to an existing company, the personal details of each person who is appointed as a director or secretary of the company must be lodged with the Australian Securities & Investments Commission (ASIC). The Corporations Act 2001 (Cth) prescribes that the family name and given names; all former family names and given names; the date and place of birth; and the address of each director and secretary must be disclosed. Any changes to the personal details of a company director or secretary must also be disclosed.
The address details of a company director or secretary which must be disclosed to ASIC must be the usual residential address, unless either of the following exceptions applies:
- their name, but not their residential address, is on an electoral roll under the Commonwealth Electoral Act 1918 (Cth) because the Electoral Commissioner has removed the person’s address from the electoral roll under that Act (where the Electoral Commissioner is satisfied that having the address on the roll would place the personal safety of the person or members of the person’s family at risk); or
- their name is not on an electoral roll under the Commonwealth Electoral Act 1918 (Cth) and ASIC determines, in writing, that including their residential address would put at risk their personal safety or the personal safety of members of their family.
In such cases, the person is entitled to have an alternative address substituted for their usual residential address. The alternative address must be in Australia and must be an address at which the documents can be served on the person. A company director or secretary is entitled to have only one alternative address at any particular time.
A person who wishes to take advantage of the exception to the requirement to disclose their usual residential address must lodge appropriate forms prescribed by ASIC. Depending on the circumstances, the person may be required to lodge a copy of a letter from the Australian Electoral Commission confirming the person’s silent enrolment status, or a statutory declaration in support of their application.
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Melbourne
Dan Pearce, Partner
T: +61 (0)3 9321 9840
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Sydney
Darren Pereira, Partner
T: +61 (0)2 8083 0487
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Jon Cane, Partner
T: +61 (0)2 8083 0489
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Brisbane
Philip Vickery, Partner
T: +61 (0)7 3135 0632
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