Corporations Act 2001

CHAPTER 2D - OFFICERS AND EMPLOYEES  

PART 2D.5 - PUBLIC INFORMATION ABOUT DIRECTORS AND SECRETARIES  

Note: This Part does not apply to a CCIV: see section 1224E .

SECTION 205B   NOTICE OF NAME AND ADDRESS OF DIRECTORS AND SECRETARIES TO ASIC  

New directors or secretaries

205B(1)    

A company must lodge with ASIC a notice of the personal details of a director or secretary within 28 days after they are appointed. The notice must be in the prescribed form.

Note 1: If a person becomes a director under subsection 120(1) there is no appointment and no notice is required under this subsection.

Note 2: If a person who was appointed as an alternate director becomes a director under the terms of their appointment as an alternate director, there is no appointment as a director and no notice is required under this subsection.

New alternate directors

205B(2)    

A company must lodge with ASIC a notice of:

(a)    the personal details of a person who is appointed as an alternate director; and

(b)    the terms of their appointment (including terms about when the alternate director is to act as a director);

within 28 days after their appointment as an alternate director. The notice must be in the prescribed form.

Personal details

205B(3)    
The personal details of a director, alternate director, or secretary are:

(a) their given and family names; and

(b) all of their former given and family names; and

(c) their date and place of birth; and

(d) their address.

Note: For address see section 205D .

Changes in details

205B(4)    

The company must lodge with ASIC notice of any change in the personal details of a director, alternate director or secretary within 28 days after the change. The notice must be in the prescribed form.

Notice required if person stops being a director or secretary

205B(5)    

If a person stops being a director, alternate director or secretary of the company, the company must lodge with ASIC notice of the fact within 28 days. The notice must be in the prescribed form.

205B(6)    

Subsection (5) does not apply if:

(a)    the person was an alternate director who stopped being a director in accordance with the terms of their appointment as an alternate director; or

(b)    the person gives ASIC a written notice of the person ' s retirement or resignation as a director, alternate director or secretary of the company in accordance with section 205A .

Note: A defendant bears an evidential burden in relation to the matter in subsection (6) , see subsection 13.3(3) of the Criminal Code .

205B(7)    

An offence based on subsection (1) , (2) , (4) or (5) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .