Author: Bill Doogue
Practice area: ASIC Offences
Bill is a founding Director of Doogue + George, ranked by Doyle's Guide as a Preeminent Criminal Defence Lawyer in Victoria (2026) and an LIV Accredited Criminal Law Specialist since 1998 with over 30 years of experience in complex criminal and corporate matters. His depth of experience in this area means clients receive accurate, considered advice.
View full profile →Bill authored this content and last revised it for accuracy on 5th August 2026.
What is the offence of Directors must give information to company?
Directors must give information to company is an offence under s 205F of the Corporations Act 2001. It applies where a director fails to give the company information relating to the director that the company needs, or will need, to comply with Chapter 6, after becoming aware of that requirement.
Key points
- What must be proved — The director became aware the company needed certain information and failed to provide it as soon as practicable.
- Type of conduct — Failure to disclose director-related information relevant to compliance.
- Usual court level — Magistrates’ Court.
The maximum penalty for Directors must give information to company is a fine.
Common defences may include the information was disclosed, or the information was not required for the company’s compliance.
Have you been accused of Directors Must Give Information to Company?
Interview
It is worth noting that if you are interviewed in relation to a charge of breaching a Directors duty to Give Information to Company, the investigator has already conducted a thorough investigation. However, there may be things they are missing to prosecute you and secure a conviction. They use the interview as an opportunity to fill in any gaps in their case.
It is always a good idea to get advice from one of expert lawyers before attending an interview.
By speaking with a lawyer prior to your interview, we can help you to decide whether you want to answer the investigator’s questions or not.
Pleading Not Guilty
Our lawyers are determined to test the evidence they have against you in Court. We have in-house counsel who are Trial specialists and are extremely skilled in cross examination and persuading that our clients are not guilty.
Our lawyers are thorough in their preparation and will conduct their own investigation with the assistance of aptly qualified experts.
Pleading Guilty
A sentencing Judge has a wide discretion and as to a range of sentences. Our lawyers are experts in ‘white collar’ offences and a well-made plea in mitigation by them can ensure that you get the fairest outcome. We understand that maintaining our client’s confidence is imperative.
Our lawyers will then craft this information into a format that is digestible and persuasive. We can help you get the fairest sentence possible so you can move on with your life.
Examples of Directors Must Give Information to Company
- Failing to provide details of their relevant interests in shares when the company requires that information to comply with substantial holding disclosure obligations (e.g. where a 5% threshold is reached)
- Failing to notify the company of changes in voting power or shareholdings that trigger disclosure obligations (such as movements of 1% or more during a takeover bid
Defences
- You did not fail to disclose any relevant information
- The information was not relevant for the company’s compliance
There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.
Questions that are asked in cases like this:
- What kind of information must be disclosed to the company?
Maximum penalty and court that deals with this charge
This sort of charge is normally heard in the Magistrate’s Court and has fine as its maximum penalty.
What can you be sentenced to for this charge?
You are likely to receive a fine if found guilty of Directors Must Give Information to Company (s205F of the Corporations Act 2001). However, every offence turns on its particular circumstances.
What is the legal definition of Directors Must Give Information to Company?
A director of a company must give the company any information that is relevant for compliance. The company must give the information to each of the other directors of the company within 7 days of receiving it.
Did you fail to disclose the relevant information?
The Law
The section that covers this offence is section 205F of the Corporations Act 2001
Other Important Resources
FAQs for Directors Must Give Information to Company
What information must a director give the company under s 205F?
When does a director have to provide the information?
What type of conduct can result in this offence?
What issues are commonly disputed in these cases?
What happens after the company receives the director’s information?
Do you represent clients for cases under s 205 of the Corporations Act 2001 in Melbourne courts?
Yes, Doogue + George regularly represent clients charged with s 205 of Corporations Act 2001 in Melbourne and regional courts. Our team provides expert defence and tailored strategies.
