Directors Must Give Information to Company is found in section 205F of the Corporations Act 2001 in Victoria. It is committed by a director who failed to give a company any information affecting or relating to the director that the company needs, or will need, to comply with Chapter 6. This information must have been provided by the director to the company as soon as practicable after becoming aware that the company needs, or will need, the information.
Have you been accused of Directors Must Give Information to Company?
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 of witnesses and persuading juries 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
- A Director failed to disclose information about a potential conflict of interest
- A Director failed to disclose information about a potential personal interest
Defences
- You did not fail to disclose any relevant information
- The information was not relevant for the company’s compliance
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.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
- ASIC: Directors and financial reporting
- Hall & Wilcox: Legal obligations of directors of Australian companies
