Corporate Governance
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Does your agency know when to engage a probity advisor?
Probity is the evidence of ethical behaviour, and can be defined as complete and confirmed integrity, uprightness and honesty in a particular process. When dealing …
Governance Manuals – should your organisation have one?
Whether your organisation is a company limited by guarantee, not for profit or start-up, a Governance Manual, or Governance Charter, could prove useful in the …
2021 AGM Season: Use of Technology – Will Covid-19 Provisions Become Permanent?
During the Covid Crisis, the Government has twice had to introduce changes to allow companies to meet and carry out key functions such as executing documents without breaching public health orders. While there are provisions in place to allow the 2021 AGM season to proceed, permanent changes to the Corporations Act are currently under consideration.
Director Identification Numbers Bill has passed
All company directors will soon be required to apply to ASIC to obtain their own unique Director Identification Number (DIN). The Treasury Laws Amendment (Registries …
Temporary change to obligations of incorporated associations
The States and Territories have introduced some temporary changes affecting incorporated associations. The changes are in response to the COVID-19 pandemic and are to accommodate …
To be or not to be – the next Annual General Meeting (AGM)
As a result of the Corona Virus Outbreak (COVID-19) and social isolation restrictions, many organisations are finding it impossible hold their AGM. For companies with …
Director identification numbers coming our way…
It has been discussed for some years now, but the Treasury Laws Amendment (Registries Modernisation and Other Measures) Bill 2019 is finally before Parliament and …
NEW Law – Whistleblower legislation
On 13 November 2019, the Australian Securities and Investments Commission (ASIC) released its updated regulatory guidelines on whistleblower policies and what it expects a policy …
Two jobs, One employer = how many employment contracts?
In the recent case of Kroeger v Mornington Peninsula Shire Council [2019] FCCA 2313 (22 August 2019), the Federal Circuit Court of Australia provided useful …
Transitioning from an incorporated association to a public company limited by guarantee
Many not-for-profit organisations are registered as an incorporated association. An incorporated association is governed by the legislation of the State or Territory in which they …
Responsibility, Accountability and Liability in Unincorporated Associations
An unincorporated association, unlike a company, does not have legal status and is not a separate legal entity from its members.[1] Therefore, an unincorporated association cannot …
Legislation changes for ACT incorporated associations
It is important for any organisation to stay on top of regulatory changes. For associations incorporated in the ACT (Associations) there have been at least …
What is Probity all about?
Whilst probity is not an exciting topic, it is a very important one and should be considered when undertaking any procurement process. As government agencies …
AGM Planning
Think it’s too early to plan for your organisation’s AGM? Think again. Many of the tasks required to properly plan for and hold an Annual …
Charity Listing with the ACNC
Throughout the year we assist clients with their corporate governance and regulatory compliance. The Australian Charities and Not-for-profits Commission (ACNC) has imposed new obligations on …
Culture and Corporate Governance
It would be remiss of us to not mention the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry, which has consumed …
ACNC Governance Standard 4 – Suitability of Responsible Persons
A “Responsible Person” is a person that is responsible for governing a charity, for example a member of the board or committee or trustee of …
New Year’s Resolutions for your organisation and the law ahead for 2018
Welcome to 2018! It is set to be another interesting year ahead, as the Australian Open kicks off this week, we head towards the 2018 …
Ipso facto clauses now a problem
In addition to introducing “safe habour” legislation, the Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Act 2017 (Cth) places restrictions on ipso facto clauses. …
The New ‘Safe Harbour’ Legislation
On Tuesday 12 September, the House of Representatives passed the Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Act 2017 (Cth), colloquially known as the …
The Importance of Performance Management in a ‘Throw-Away’ Culture Era
The importance of performance management to private employers and government departments cannot be overstated. Performance management is more than the process of evaluating and managing …
What is a nominations committee ?
A nomination committee’s role is to guide and advise the board of a company on matters relating to the composition, structure and operation of its …
Board Meeting Minutes – Take a Minute to Find Out Your Obligations
Minutes are a physical record of decisions made and actions agreed upon in a meeting, and are often relied upon for future reference. The Corporations …
Duties and Obligations for Charities
The introduction of the Australian Charities and Not-for-profit Commission Act (ACNC Act) and the Australian Charities and Not-for-profit Commission Regulations (ACNC Regulations) on 3 December …
The Australian Sports Commission – Mandatory Governance Principles
The Australian Sports Commission (the ASC) released the Sports Governance Principles in 2002 (revised in 2007 and 2012) as a response to the increased importance …