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
Officers to report to controller about corporation’s affairs
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Offence title: |
Officers to report to controller about corporation’s affairs
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Act: |
429 Corporations Act |
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Offence: |
(1) In this section: reporting officer, in relation to a corporation in respect of property of which a person is controller, means a person who was: (a) in the case of a company or registrable Australian body—a director or secretary of the company or registrable Australian body; or (b) in the case of a foreign company—a local agent of the foreign company; on the control day. (2) Where a person becomes a controller of a corporation they must: (a) Serve a notice on the corporation that they are the controller; and (b) Within 10 days after receipt by the corporation, the reporting officers must make, and submit, a report on the affairs of the company as at the control day; and (c) The person must, within one month of receipt of the report; i. Lodge a copy of the report, together with any comments, or a note stating there are no comments, as they se fit; and ii. Send a copy of the notice, as lodged per i. iii. If the person became the controller of the property: A. Because of an appointment by debenture holders of the corporation; or B. By entering into possession or taking control of the property to enforce a security interest for debenture holders; And there are trustees for the debenture holders - send to the trustees a copy of the report in i. |
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Penalty: |
50 penalty units. |
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Summary/Indictable/mixed: |
Summary |
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Jurisdiction: |
Local Court |
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How committed: |
(2)(b) The directors fail to produce a report in accordance with the requirements in the notice served by a receiver. |