Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
Running a company means juggling cashflow, paying suppliers and, of course, getting paid for the work you do. If you’re a director, it can be tempting to “just transfer” money when you need it - especially if you’re used to sole trader “drawings.”
But companies play by different rules. A company is a separate legal entity, and the money in the company bank account belongs to the company - not you personally - even if you’re the only director and shareholder.
In this guide, we’ll step through when a director can take money out of a company account, the legitimate ways to do it, the risks to avoid, and the key documents and processes that keep you compliant (and out of trouble) in Australia.
Short Answer: Can A Director Withdraw Company Money?
Yes - but only in specific, lawful ways and with proper records. As a director, you cannot treat the company bank account like a personal wallet. Any withdrawal must fit a legitimate category, such as:
- Salary or director’s fees run through payroll
- Reimbursement for genuine business expenses you personally paid
- Dividends to shareholders that meet the legal tests and are properly declared
- A formal director loan documented on commercial terms
- Paying suppliers or other company expenses directly
Anything else - like unlabelled “drawings,” personal purchases on the company card, or cash withdrawals with no paperwork - can breach directors’ duties, create tax problems and leave you personally liable.
Legitimate Ways To Take Money Out (And How To Do It Properly)
1) Salary Or Director’s Fees
Paying yourself a salary or director’s fees is the most common approach. This treats you like any other employee or officeholder who’s paid for services.
What this involves:
- Process payments through payroll with PAYG withholding and Single Touch Payroll reporting
- Pay superannuation on ordinary time earnings in line with your obligations
- Issue payslips and keep proper payroll records
If you’re weighing up pay structures, it helps to understand how to legally pay yourself as a business owner and how salaries and superannuation work together.
2) Expense Reimbursements
If you pay a company expense personally - for example, you buy software on your personal card - you can be reimbursed from the company account.
Best practice:
- Adopt a simple expense policy (what’s reimbursable, what approvals are needed)
- Collect tax invoices/receipts and submit a reimbursement claim
- Book the reimbursement correctly in your accounts (not as salary or drawings)
Reimbursements shouldn’t be used to funnel personal spending through the company. Stick to genuine business costs and keep paperwork tidy.
3) Dividends To Shareholders
Dividends are distributions of company profits to shareholders. If you’re a shareholder, you may be able to receive dividends - but only if the company meets the legal and financial tests and follows the right process.
The board needs to resolve to declare a dividend, ensure the payment is fair and reasonable, and record the decision. You’ll also need to consider franking credits and tax consequences.
For a plain-English overview, see Dividends Paid To Shareholders. Your Company Constitution and any Shareholders Agreement often set rules around how and when dividends are paid, so it’s worth checking those documents before you proceed.
4) Director Loans (Borrowing From Or Lending To The Company)
Directors sometimes move money between their personal account and the company for cashflow reasons. If you’re taking money out (or putting money in), treat it as a formal loan with written terms.
Good governance looks like this:
- A written loan agreement with interest, repayment schedule and security (if any)
- A board resolution approving the loan on commercial terms
- Accurate accounting entries showing the loan balance and repayments
Getting the structure right helps avoid unintended tax consequences and duty breaches. To get across the basics, read What Is A Director Loan And How Does It Work?
5) Paying Company Bills Directly
Of course, you can use the company account to pay the company’s own bills - rent, suppliers, subscriptions, tax, staff and other business costs. This isn’t money “for you,” but it’s still a withdrawal, so keep approvals and documentation clear and follow any dual signatory rules you’ve set.
What Directors Should Not Do (Common Pitfalls To Avoid)
When pressure hits, the line between “company money” and “my money” can blur. Here are the risk areas that trip up many small companies.
Unlabelled “Drawings”
“Drawings” are a sole trader/partnership concept. They don’t exist for companies. If you simply transfer money from the company account to yourself with no paperwork, you’re not doing “drawings” - you’re creating a problem to fix later.
Every payment to a director or shareholder should be clearly categorised as salary, reimbursement, dividend or loan, with matching records.
Personal Expenses On The Company Card
Buying personal items with a company card or bank account is risky. At best, you’ll have a messy set of accounts and need to reclassify the spending as a loan or after-tax wage. At worst, you could be accused of misusing your position or company assets.
Set a simple rule: only business expenses go on company funds. If an accidental personal charge happens, fix it quickly and document the correction.
Cash Withdrawals With No Paper Trail
Regular ATM withdrawals or transfers with vague descriptions (“cash out,” “director use”) will raise red flags. If the company genuinely needs a cash float, create a petty cash policy, keep receipts, and reconcile regularly.
Ignoring Directors’ Duties (And Personal Liability)
Directors must act in the best interests of the company, use company resources properly, keep proper books and avoid insolvent trading. Taking money out in ways that prejudice creditors or starve the business of working capital may breach those duties and expose you to civil penalties and personal liability.
Always ask: is this transaction in the company’s interests, and is it properly authorised and recorded?
Tax Traps Around Payments To Shareholders/Associates
Payments, loans or forgiven debts between a private company and its shareholders or associates can have tax consequences. If you’re moving money around informally, you may create deemed dividends and unexpected tax bills.
Use formal processes (payroll, documented dividends, written loans) and keep your accountant in the loop before you move funds.
Set Your Company Up To Do This The Right Way
Clear house rules, the right documents and good record-keeping make it simple - and safe - to pay yourself and manage withdrawals.
Have (And Use) Your Core Company Documents
- Company Constitution: Sets out how the company is governed, including decision-making and dividend processes.
- Shareholders Agreement: Agrees rules among owners on dividends, director remuneration, loans, and dispute resolution. This reduces friction when cash decisions are on the table.
- Directors’ Resolutions: Use written resolutions to approve dividends, loans, major reimbursements or changes to pay. Keeping minutes and resolutions is part of good governance.
Adopt Simple Financial Policies
- Payroll policy for director pay and fees (and the approvals needed for changes)
- Expense and reimbursement policy, including pre-approval thresholds
- Petty cash/process for cash floats (if needed) with reconciliation steps
- Related-party transactions policy (how loans or services between you and the company will be documented and approved)
Use The Right Legal Instruments For Cash Movements
- Employment or engagement terms for directors receiving fees/salary
- Loan agreement for any director loans, including interest and repayment schedule
- Dividend statement and board resolution when profits are distributed
If you’re structuring pay for the first time, the overview on how to pay yourself is a helpful starting point that you can tailor with your accountant and legal team.
Practical Scenarios (And How To Handle Them Safely)
“Business Is Tight - Can I Just Move Money Back And Forth?”
Resist the urge to do ad hoc transfers. If you need short-term help, document a director loan approved by the board with clear terms. If you need to reduce your pay temporarily, resolve to adjust your salary/fees rather than “borrowing” wages.
“We Had A Great Quarter - Can I Take A Bonus?”
Bonuses are fine when permitted by your constitution or employment terms and approved by the board, and they must be processed through payroll with the correct tax and super settings. If you want to share profits more broadly among shareholders, consider declaring a dividend instead (subject to the legal tests), as explained in Dividends Paid To Shareholders.
“I Accidentally Put A Personal Expense On The Company Card.”
Fix it quickly. Reimburse the company and document the correction, or classify the amount as a director loan to be repaid. Don’t leave it sitting in limbo - that’s how small mistakes turn into audit issues.
“Can A Director Take A Cash Advance?”
Yes, but treat it as either an expense float with receipts and reconciliation, or a short-term loan with clear terms. Board approval and records matter, even for small amounts. Many companies avoid cash entirely and use prepaid expense cards to keep control tight.
“What If I’m The Only Director And Shareholder?”
The same rules apply. Even if you wear every hat, the company is still separate from you, and regulators expect proper processes. The benefit of doing it right is clarity: you’ll always know what you were paid, what was a reimbursement, what was a dividend, and what (if anything) you owe the company or it owes you.
Step-By-Step: A Clean Process For Director Withdrawals
Here’s a simple workflow you can adopt to keep withdrawals clean and compliant.
- Decide the category: Is this salary/fees, a reimbursement, a dividend, or a loan? If it’s a company payment to a supplier, make sure the invoice is in the company’s name.
- Check the rules: Look at your Company Constitution, any Shareholders Agreement, and your policies. Some decisions require board approval or specific documentation.
- Get approval: Use a directors’ resolution or meeting minutes to approve dividends, loans, director fee changes or large reimbursements.
- Process correctly: Use payroll for salary/fees and bonuses, a reimbursement form for expenses, a loan agreement and entry for loans, and a dividend statement for dividends.
- Record everything: Keep invoices, receipts, resolutions, loan schedules and payroll records. Ensure the chart of accounts reflects the correct category.
- Review regularly: At month-end and year-end, reconcile loan balances, confirm PAYG and super are up to date, and make sure no “mystery” transfers are sitting unclassified.
Governance Tips That Save Headaches Later
- Separate accounts: Keep personal and company banking, cards and subscriptions separate. It reduces errors and protects your position as a director.
- Use approvals and thresholds: Even in small teams, a simple rule (for example, any payment to a director requires a second sign-off) builds discipline.
- Document before you pay: Approve the dividend, sign the loan, or adjust payroll before money moves. Paperwork first, payment second.
- Plan how owners get paid: Align remuneration, dividends and loan policies in your Shareholders Agreement. Clarity here avoids disputes and surprises.
- Seek prompt advice: If something unusual pops up - a large one-off withdrawal, a forgiven loan or a capital return - get legal and accounting input before executing.
Key Takeaways
- You can withdraw money from a company account only in recognised ways - salary/fees, reimbursements, properly declared dividends or documented loans.
- A company is a separate legal entity, so avoid “drawings,” personal spending on company funds and undocumented transfers.
- Use payroll (with PAYG and super) for remuneration, keep receipts for reimbursements, and ensure dividends meet legal tests and are approved by the board.
- Director loans should be in writing with commercial terms, board approval and accurate accounting entries.
- Your Company Constitution, Shareholders Agreement and directors’ resolutions provide the framework to manage withdrawals cleanly.
- Good governance and records protect you from breaches of directors’ duties and tax pitfalls when moving money between you and the company.
If you’d like a consultation on setting up clean, compliant processes for director withdrawals and payments in your company, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.








