Who Is An Officer Under The Corporations Act

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Who is an officer of a corporation? - Lexology

https://www.lexology.com/library/detail.aspx?g=7d1fc1b1-fab0-4dbe-ae1f-4551ab200930

Mar 12, 2020 · The case is primarily concerned with the construction of the definition of 'officer' in s9 of the Corporations Act 2001 (Cth) and more particularly, with the question of whether a …Author: Kate Hilder

Defining An 'Officer' Under the Corporations Act: Case ...

https://www.swaab.com.au/publication/defining-an-officer-under-the-corporations-act-case-note-australian-securities-and-investments-commission-v-king-2020-hca-4

Defining An ‘ Officer’ Under the Corporations Act: Case Note — Australian Securities and Investments Commission v King [2020] HCA 4. Introduction. On 11 March 2020 the High Court of Australia handed down judgment in the case of Australian Securities and Investments Commission v King [2020] HCA 4, with the judgment providing a long-await ...

Holding company director as “officer” of subsidiary under ...

https://www.gadens.com/legal-insights/holding-company-director-as-officer-of-subsidiary-under-the-corporations-act/

May 27, 2020 · In ASIC v King [2020] HCA 4, the High Court considered whether a director of a holding company was an “officer” of a subsidiary company for the purposes of the Corporations Act (the Act).If so, the “officer” may have been liable for breaches of duties as an “officer”. Background . Mr King was the CEO and an executive director of MFS Limited (also known as Octaviar Ltd), the parent ...

High Court clarifies definition of ‘Officer’ of a ...

https://healthlegal.com.au/current-news/high-court-clarifies-definition-officer-corporation/

Jun 26, 2020 · Introduction On 11 March 2020, the High Court of Australia unanimously held that the definition of ‘an officer of a corporation’ in the Corporations Act 2001 (Cth) (the Corporations Act) is not limited to someone who holds or occupies a named office within a corporation or a recognised position.

An officer and a defendant - Knowledge - Clayton Utz

https://www.claytonutz.com/knowledge/2012/march/an-officer-and-a-defendant

In most cases, it is relatively simple to say who is and isn't a director (the board elections are usually a good pointer!). But who is an "officer"? For present purposes, the Act says that an officer is: "a person: (i) who makes, or participates in making, decisions that affect the whole, or a substantial part, of the business of the corporation; or

Powers & Duties of Corporation Directors & Officers ...

https://www.wolterskluwer.com/en/expert-insights/powers-and-duties-of-corporation-directors-and-officers

Apr 24, 2019 · The officers of a corporation are the agents through which the board of directors acts. The board makes the decisions and designates the officers to execute them. As a rule, the duties of each officer are set forth in the bylaws or, to the extent consistent with the bylaws, are prescribed by …

CORPORATIONS ACT 2001 - SECT 324CL People who are regarded ...

http://www5.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s324cl.html

CORPORATIONS ACT 2001 - SECT 324CL. People who are regarded as officers of a company for the purposes of this Division. (1) For the purposes of this Division, a person is taken to be an officer of a company if: (a) the person is an officer of: (i) a related body …

Company officeholder duties ASIC - Australian Securities ...

https://asic.gov.au/for-business/running-a-company/company-officeholder-duties/

Company officeholder duties All company officeholders need to understand their legal obligations under the Corporations Act 2001.This includes keeping accurate financial records, passing solvency resolutions, and keeping company details up to date.

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