Contents
As a director of a company in 2025, you remain exposed to circumstances that may lead to fines imposed by the Australian Securities and Investment Commission (ASIC) or result in costly damages in litigation. While the corporate structure generally limits personal liability, recent regulatory updates mean directors must be extra cautious and proactively manage their responsibilities.
A Deed of Access & Indemnity is a specialised contract designed to further limit a director’s liability beyond what is provided by the company structure. This deed reflects the latest changes in Australian corporate law and is custom‐tailored to ensure comprehensive protection in today’s dynamic business environment.
What Is A Deed Of Access & Indemnity?
A Deed of Access & Indemnity is a legal document that safeguards directors when performing their company duties. It is commonly requested by prospective directors before accepting a directorship, ensuring that potential liabilities are clearly addressed from the outset.
This document operates by explicitly outlining several key measures, including:
- Allowing directors unhindered access to company books and records
- Indemnifying directors against legal costs and liabilities-ensuring that the company commits to covering any expenses incurred as a result of their directorship
- Requiring the company to obtain ‘directors and officers insurance’ for additional protection against potential liabilities and legal costs
Why Do I Need A Deed Of Access & Indemnity?
Although the company structure is designed to limit a director’s personal liability, there are important exceptions. In 2025, ASIC’s enforcement framework has become even more rigorous, and scenarios such as insolvent trading, the failure to remit PAYG tax, or non-compliance with superannuation obligations can leave directors personally exposed.
Additional circumstances, including breaches of fiduciary duty or mismanagement of company resources, also present significant risks. Having a Deed of Access & Indemnity in place ensures that these risks are mitigated where possible. For further insights into how your business structure affects such liabilities, take a look at our article on Operating as a Sole Trader for a detailed comparison.
In today’s evolving corporate landscape, it is essential that directors actively manage risk. A well-drafted Deed of Access & Indemnity not only clarifies your entitlement to access vital company records but also mandates that the company secures appropriate directors and officers insurance. Our Company Set-Up services can further assist you in establishing robust legal frameworks that protect your interests against the backdrop of 2025’s complex regulatory environment.
Need Help?
At Sprintlaw, our expert corporate lawyers are here to draft your Deed of Access & Indemnity, ensuring that you receive the fullest protection available under current laws. We stay up-to-date with the latest regulatory changes and tailor each agreement to match your unique circumstances.
We pride ourselves on delivering documents that are both technically sound and easy to understand. To explore our range of corporate legal services, feel free to browse our comprehensive service offerings.
Feel free to get in touch with us to get started with your Deed of Access & Indemnity! Our friendly team can be reached at 1800 730 617 or at team@sprintlaw.com.au.
Meet some of our Contracts Lawyers
Get in touch now!
We'll get back to you within 1 business day.
Top 3 Legal Mistakes
Book in a free consultation with us to discuss your legal needs.