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All Questions Business Set Up , Regulatory Compliance , Startups What Is Consent To Act As A Director/Secretary?
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What Is Consent To Act As A Director/Secretary?

Answer

When appointing officeholders such as a director or secretary, written and signed consent must be provided by the officeholder. This highlights the importance of the role and that the director or company secretary formally acknowledge their position.

Director’s Consent

A Director’s Consent is a legal requirement under the Corporations Act before someone is appointed as a director of a company. The potential director must give the company a signed consent to act as a director before they are appointed. The company must keep this Director’s Consent.

The Director’s Consent should include the personal details of the director, as well as any other information relevant to being director, eg disclosure of interests. ASIC has provided this form as an example.

Secretary’s Consent

A Secretary’s Consent is also a legal requirement under the Corporations Act before someone is appointed as a secretary. Before being appointed, the potential company secretary must give a signed consent to act as the secretary of the company. This consent must be kept in the company’s records.

Justine Wu  
Justine is a legal consultant at Sprintlaw. She has experience in civil law and human rights law with a double degree in law and media production. Justine has an interest in intellectual property and employment law.

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