Corporations Act 2001
Note: This Part does not apply to a CCIV: see section 1224E .
View history note
Hide history note[ CCH Note: S 205B heading will be substituted by No 69 of 2020, s 3, Sch 1 [ 528] (effective 1 July 2026 or a day or days to be fixed by Proclamation). S 205B heading will read:
205B NOTICE OF PERSONAL DETAILS OF DIRECTORS AND SECRETARIES TO THE REGISTRAR ]
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.
[ CCH Note: S 205B(1) will be amended by No 69 of 2020, s 3, Sch 1[529] and [ 530], by substituting " the Registrar " for " ASIC " and " meet any requirements of the data standards " for " be in the prescribed form " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
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.
[ CCH Note: S 205B(2) will be amended by No 69 of 2020, s 3, Sch 1[531] and [ 532], by substituting " the Registrar " for " ASIC " and " meet any requirements of the data standards " for " be in the prescribed form " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
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 .
[ CCH Note: S 205B(3) will be repealed by No 69 of 2020, s 3, Sch 1[533] (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
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.
[ CCH Note: S 205B(4) will be amended by No 69 of 2020, s 3, Sch 1[534] and [ 535], by substituting " the Registrar " for " ASIC " and " meet any requirements of the data standards " for " be in the prescribed form " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
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.
[ CCH Note: S 205B(5) will be amended by No 69 of 2020, s 3, Sch 1[536] and [ 537], by substituting " the Registrar " for " ASIC " and " meet any requirements of the data standards " for " be in the prescribed form " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
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 .
[ CCH Note: S 205B(6) will be amended by No 69 of 2020, s 3, Sch 1[538], by substituting " the Registrar " for " ASIC " in para (b) (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
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 .
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