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When you set up a new company you need to complete several documents to file the registration, including signed consent from officeholders in the company agreeing to fulfil the role.
What's in this guide?
- What is a consent to act as an officeholder?
- When should I use a consent to act as an officeholder?
- Compare consent to act as an officeholder templates
- What does a consent to act as an officeholder include and not include?
- How effective is a consent to act as an officeholder?
- Do I need a lawyer for a consent to act as an officeholder?
- How do I write a consent to act as an officeholder?
- Where to get free legal documents and templates like a consent to act as an officeholder
What is a consent to act as an officeholder?
A consent to act as an officeholder is a written legal document that a director, secretary, public officer or other officeholder must sign and give their consent to so they can hold the position within their company.
When should I use a consent to act as an officeholder?
When you set up a new company or appoint new officeholders, you need to get their consent to perform the role. Under the Corporations Act 2001, a company officeholder must sign a written consent document before they are appointed to the position.
A public officer is a company's representative to the Australian Tax Office. Under the Income Tax Assessment Act 1936, a new company must appoint a public officer within three months of starting business or earning income in Australia.
Compare consent to act as an officeholder templates
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What does a consent to act as an officeholder include and not include?
A consent to act as an officeholder is a document that includes basic information about the officeholder, plus their signature. The document should include the following:
- Company name and Australian Company Number (ACN)
- Officeholder's full name, date and place of birth
- Officeholder's residential address
- Officeholder's signature
- Signature of witnesses
The document does not need to include further details about the officeholder, the role or the company. It does not need to contain complex language or legal jargon. However, the officeholder should understand and accept the legal duties involved in the role they are consenting to take on.
How effective is a consent to act as an officeholder?
A consent to act is an important part of both the company registration process and documenting any changes to the management team in the future. Companies are required by law to notify the Australian Securities and Investments Commission (ASIC) when a new officeholder is appointed, including directors and secretaries.
Do I need a lawyer for a consent to act as an officeholder?
As a consent to act is a short and straightforward document, so you do not need to consult a lawyer. There are legal document templates available online, such as those listed below, which you can fill in rather than having to write from scratch.
How do I write a consent to act as an officeholder?
A consent to act is a brief document that requires few extra details apart from the personal information and signature of the officeholder. You can refer to a legal template to make sure you include the right details.
Where to get free legal documents and templates like a consent to act as an officeholder
Here is a selection of websites where you can view or download a consent to act template for free.
- ASIC.ASIC provides a free consent to act template on its website. Businesses can use it to fulfil the legal requirement to notify it of changes to company officeholders.
- Lawpath.This is an online legal resource where you can browse samples of the templates you're looking to use. This includes the Consent to Act. Keep in mind you need to sign up to Lawpath to customise and download documents.
- Wonder.Legal.This is another online resource where you can review, customise and download legal document templates. There are over 100 templates available with WonderLegal. You'll need to pay a fee to download and customise the document.
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