Inducement to be appointed liquidator etc. of company

The offence of Inducement to be Appointed Liquidator etc. of Company is found in section 595 of the Corporations Act 2001. It is a criminal offence that is committed by a person who gave another person any valuable consideration with the intention of securing the former’s appointment or nomination, or with the intention of preventing a third person’s appointment or nomination, as a company liquidator, administrator, or trustee.

Have you been accused of Inducement to be Appointed Liquidator etc. of Company?

Inducement to Be Appointed Liquidator etc. of Company
Interview
It is always a good idea to get advice before attending an interview. Did you know we can attend an interview with you if you wish? You should answer the initial questions establishing your identity and regarding whether you understand procedure. Following that it is usually advisable to answer ‘no comment’ except in certain circumstances. You should be polite and dress well. Speaking to a lawyer can help you to decide whether you want to answer the investigator’s questions or not. Do not say anything to assist the Police in making a case against you.

Pleading Not Guilty
You are innocent until proven guilty and the charges must be proven beyond reasonable doubt by the Prosecution. If a jury thinks there is even a possibility that you are innocent they must acquit you. The prosecution are determined to secure a conviction. 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.

Pleading Guilty
A sentencing Judge has a wide discretion and as to a range of sentences. Our lawyers are experts in Criminal Law and a well-made plea in mitigation by them can ensure that you get the fairest outcome. We want to explain to the Court what kind of person you are so that the Judge is aware of WHO they are sentencing and not simply focusing on the offending. We will help you gather reports and character references and take your personal history. 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.

Which court will the case be heard in?
This offence is dealt with in the Magistrates’ Court.

Examples of Inducement to Be Appointed Liquidator etc. of Company
  • A friend of the CEO of a company pays the CEO in cash so that he can become Trustee of the company.
  • A manager in a company offers the Director a new car so that she can manage company property.
  • A manager in a company agrees to pay another manager $10,000 to prevent someone else from becoming an administrator.
What is the legal definition of Inducement to Be Appointed Liquidator etc. of Company?
A person gives or offers to give something to another person to secure a role as liquidator or administrator or trustee of a company. Or to receive or manage company property. Or to prevent another person from securing any of these roles.

“Did you offer a gift to get your position?”

Legislation
The section that covers this offence is section 595 of the Corporations Act 2001.

Defences
  • You did not induce anyone.
  • You did not induce anyone to secure any roles with a company.
  • You secured your position only on your merits.
  • You were mistaken about the communication with the person who you are alleged to have induced.
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 in cases like this
  • Did you give or offer to give anyone anything so that you could get a job in the company?
  • How did you get your position?
  • Were you involved in preventing someone from obtaining a position?
  • Could there have been a misunderstanding in the course of a communication which led to you securing a position?
Maximum penalty for section 595 of the Corporations Act 2001
The maximum penalty for Inducement to be Appointed Liquidator etc. of Company (s595 of the Corporations Act 2001) is 30 penalty units1. This means that you can be fined up to $4,956.602 if found guilty of an offence under this provision.


[1] http://www5.austlii.edu.au/au/legis/cth/consol_act/ca2001172/sch3schedule.html
[2] The value of each penalty unit will change on 30 June 2020.