Comply with directors' general law and statutory duties

Directors owe duties of care and diligence (s 180), good faith (s 181), no improper use of position (s 182) or information (s 183).

criticalcurrentongoingCriminal liability

Who must comply

All directors and officers of companies.

What triggers it

Holding office as a director or officer.

When due

Continuous obligation.

Evidence required

Board minutes showing informed decision-making, registers of interests, conflict-management protocols.

Max penalty

Civil penalty up to $1.565M for individuals (15,000 penalty units), or 3× benefit; criminal for dishonest conduct

Summary

Directors' duties under the Corporations Act 2001 (Cth) require directors to act with reasonable care and diligence, in good faith in the best interests of the company, not to improperly use their position or information for personal gain or to cause detriment, and to prevent insolvent trading. The business judgment rule (s 180(2)) provides a safe harbour for honest, informed decisions made in good faith.

Enforced by

Source legislation

Entity types

companytrustee companymanaged investment scheme

Topics

directorsdutiesgovernance

Source: https://asic.gov.au/for-business/running-a-company/company-officeholder-duties/. Rules Mate is not a law firm. Always verify against the live regulator source before acting.