Corporate Governance

At Ivy Law Group, our Sydney commercial lawyers can assist you with the following:

• Annual general meetings and other company meetings, which can be convened for various reasons, whether it be for directors’ approval of a company related matter, or for addressing key company agendas. The director(s) of the company have certain duties and matters of compliance in convening these meetings, including ensuring proper resolutions of meetings and other matters of compliance in accordance with the Shareholders Agreement, Company Constitution or replaceable rules, Corporations Act and/or ASIC.
  
  
• Board structure and composition, which plays an important role in the functioning of a company. A carefully considered board structure, including board diversity and leadership structures, will enable the company to fulfil shareholder’s expectations and other obligations.
  
  
• Corporate governance framework, including understanding who is responsible for corporate governance, which is generally managed by shareholders, directors, and company secretary. Each have their own roles and responsibilities within this framework. Having a strong corporate governance framework is imperative to ensuring your company’s compliance.
  
  
• Directors’ duties under the Corporations Act, which include:
  • Duty to avoid insolvent trading;
  • Financial Information;
  • Disclosing directors’ interest (if any);
  • Lodging and registration proper and accurate information with ASIC; and
  • Continuous disclosure.

Failure to comply with these duties can have serious implications, including penalties imposed on the directors. 

• Shareholders obligations with ASIC and other regulatory bodies. As shareholders of a company, you have a number of rights and responsibilities, including liabilities (usually limited liability), and we can help advise you as to your class of securities (shares), their specific obligations and the rights and responsibilities imposed with them.

Useful links:

• ASIC: Corporate Governance