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Directors must give information to company
Directors must give information to company
What the Law states - Directors must give information to company
CORPORATIONS ACT 2001 - SECT 205F
Director must give information to company(1) A director must give the company any information affecting or relating to the director that the company needs, or will need, to comply with Chapter 6. The director must give the information to the company as soon as practicable after becoming aware that the company needs, or will need, the information. The company must give the information to each of the other directors of the company within 7 days of receiving it.
(2) An offence based on subsection (1) is an offence of strict liability.
Maximum Penalty in Victoria
10 penalty units or imprisonment for 3 months or both
What the Prosecution must prove - Directors must give information to company - Vic
1. That the accused is a director of a copmpany
2. That information existed in relation to the driector which the company needs to comply with Chapter 6
3. That the accused failed to provide it to the company after becoming aware that it was required.
Possible Defences - Directors must give information to company
1. Factual dispute
2. Lack of intent
Which court will hear the charge of Directors must give information to company
Magistrates Court
