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
Liquidator’s rights to company’s books
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Offence title: |
Liquidator’s rights to company’s books |
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Act: |
530B Corporations Act |
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Offence: |
(1) When a liquidator requires the books of a company a person is not entitled to (a) retain them: or (b) enforce a lien over them; such a lien is not otherwise prejudiced. (2) (1)(a) does not apply to a secured creditor of the company who is entitled to possession, otherwise then because of a lien, however, the liquidator is entitled to inspect them and make copies at any reasonable time.
(3) A person must not engage in conduct that hinders or obstructs a liquidator. (3A) (3) does not apply to a person if the person is entitled, as against the company and liquidator, to retain the books. (4) The liquidator may give a written notice requiring delivery to the liquidator books specified in the notice that are in the person’s possession.
(5) The notice in (4) must specify the notice is to be complied with, within 3 days. (6) A person must comply with a notice under subsection (4). (6A) Subsection (6) does not apply to the extent that the person is entitled, as against the company and the liquidator, to retain possession of the books. |
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Penalty: |
(3) 1 year imprisonment.
(6) 120 penalty units |
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Summary/Indictable/mixed: |
Summary |
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Jurisdiction: |
Local Court |
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How committed: |
(3) A managing director hides the books of the company from the liquidator.
(6) A managing director receives a written notice to produce books to the liquidator but refuses to do so.
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Important note: |
(7) In this section: liquidator includes a provisional liquidator. |