Offences
- Carrying on business using “Limited”, “No Liability” or “Proprietary” in name
- Good faith, use of position and use of information—criminal offences
- Listed company—director to notify market operator of shareholdings etc.
- Disqualified person not to manage corporations
- Proxy vote if appointment specifies way to vote
- Public company must hold AGM
- Lodgment of annual reports with ASIC
- Lodgment of half-year reports with ASIC
- Officers to report to controller about corporation’s affairs
- Directors to help administrator
- Directors to help administrator
- Information about the company’s affairs
- Officers to help liquidator
- Liquidator’s rights to company’s books
- Director’s duty to prevent insolvent trading by company
- Offences by officers of certain companies
- Incurring of certain debts; fraudulent conduct
- When a managed investment scheme must be registered
- Prohibition on certain acquisitions of relevant interests in voting shares
- Continuous disclosure—listed disclosing entity bound by a disclosure requirement in market listing rules
- Need for an Australian financial services licence
- Providing financial services on behalf of a person who carries on a financial services business
- Effect of banning orders
- Financial services licensee to prepare and lodge annual profit and loss statement and balance sheet
- Market manipulation
- False trading and market rigging—creating a false or misleading appearance of active trading etc.
- False trading and market rigging—artificially maintaining etc. trading price
- Dissemination of information about illegal transactions
- False or misleading statements
- Inducing persons to deal
- Dishonest conduct
- Prohibited conduct by person in possession of inside information
- Registers
- Falsification of books
- False or misleading documents
- False information etc.
- Obstructing or hindering ASIC etc.
- Automatic disqualification—convictions, bankruptcy and foreign court orders etc
- Part 9.4 Divisions 2 Offences generally
Directors to help administrator
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Offence title: |
Directors to help administrator |
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Act: |
438B Corporations Act |
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Offence: |
(1) As soon as practicable after a company goes into administration, each director must: (a) Deliver to the administrator the books of the company, other than those the director is entitled, as against the company and administrator, to retain; and (b) If the director knows where other books are, tell the administrator. (2) Within 5 days of administration, or longer in the administrator allows, the director is to give to the administrator an approved report of the company’s business, property, affairs and finances. (2A) The administrator must, within 5 business days after receiving a report under subsection (2), lodge a copy of the report. (3) A director of a company under administration must: (a) Attend on the administrator; and (b) Give assistance to the administrator about the company’s business, property, affairs and finances; As the administrator reasonably requires. |
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Penalty: |
(1), (2), (2A) and (3) - 120 penalty units. |
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Summary/Indictable/mixed: |
Summary |
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Jurisdiction: |
Local Court |
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How committed: |
(1) Each director fails to deliver to the administrator the books of the company.
(2A) The directors fail, within 5 days of the commencement of the administration, a report in appropriate form, about the company’s business, property, affairs and financial circumstances. (2) The administrator must, within 5 business days after receiving a report under subsection (2), lodge a copy of the report.
(3) The director of a company in administration fails to attend on the administrator and give such information about the company’s business, property, affairs and financial circumstances, when and as reasonably required. |
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Important note: |
Defence: reasonable excuse |