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A "consent to act as director" is a relatively simple document that can only be used in one circumstance – when a person is being appointed as a director of a company. Despite its simplicity, getting the document right is essential as it could be the difference between a void and valid appointment. Here's everything you need to know about putting together a consent to act as director.
What is a consent to act as director?
A consent to act as director is a one-page document that is used before a person is appointed as director of a company. It provides written consent that the soon-to-be director agrees to be the director of a particular company.
In accordance with the Corporations Act (2001), persons must abide by certain laws while in the position of a director which includes acting with care and diligence, abstaining from improperly using their position for personal gain and keeping accurate company records. This form acknowledges that the director understands and agrees with his or her new responsibilities and obligations.
Download this template at Lawpath
When should I use a consent to act as director?
A consent to act as director should be used if either your company is appointing a new director, or if you, yourself, are about to be appointed as the director of a company. To make the appointment valid, the consent to act as director must be sent to ASIC within 28 days of appointing the director.
What does a consent to act as director include?
A consent to act as director must include the director's personal details along with a simple statement in which the appointed director acknowledges his responsibilities in relation to the Corporations Act (2001). It should also be signed and dated by the appointed director.
How effective is a consent to act as director?
A consent to act as director is a legal requirement for any company wanting to appoint a new director. Without the document, the appointment of the director will be considered void. In this respect, it is effective in ensuring all directors of all companies comply with the regulations set out in the Corporations Act (2001).
Do I need a lawyer to send this document?
A consent to act as director is a relatively straightforward document that doesn't require a lawyer to send. If you're unsure, you can always ask a lawyer to look over the document or use one of the consent to act as director templates that you find online.
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How do I write a consent to act as director?
There are several must-haves to include in a consent to act as director. Firstly, there needs to be a simple statement acknowledging the new director's consent. Secondly, it must include the personal details of the director including his or her full name, date of birth and residential address. Finally, it should be dated and finished with a signed and printed name of the director-to-be.
Where to get free legal documents and templates like a consent to act as director
You'll find loads of consent to act as director examples and templates online. Here are a few sites we'd recommend for browsing.
- Lawpath. Lawpath is an online legal resource for small businesses and entrepreneurs. You can browse free samples online but must sign up to a monthly plan to customise any documents.
- Law Depot. Law Depot provides a wide array of free legal documents to choose from. Simply fill the documents in online before downloading them to your computer.
- LegalVision. LegalVision offers users unlimited use of free legal document templates in exchange for a monthly membership fee.
- Wonder Legal. Browse more than 140 legal document templates with Wonder Legal, all of which can be purchased for a one-time fee. Wonder Legal offers a consent to act as director template for $5.99.
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