Confirmation Of Directorship Letter for Australia

Confirmation Of Directorship Letter Template for Australia

A formal document issued under Australian corporate law that officially confirms an individual's appointment as a director to a company's board. The letter outlines the director's appointment terms, key responsibilities, statutory obligations under the Corporations Act 2001, and compliance requirements including Director ID registration. It serves as a crucial governance document that establishes the legal relationship between the director and the company, detailing meeting attendance expectations, remuneration arrangements, and confidentiality obligations. The document requires formal acceptance by the appointed director and typically includes references to relevant company policies and corporate governance frameworks.

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What is a Confirmation Of Directorship Letter?

The Confirmation Of Directorship Letter is a fundamental corporate governance document used in Australian business practice when appointing new directors to a company's board. It serves as an official record of the appointment and sets out the terms and conditions under which the director will serve. This document is typically issued following a board resolution or shareholder decision to appoint a new director, and it must comply with the requirements of the Corporations Act 2001 and other relevant Australian legislation. The letter includes essential information such as the appointment date, director duties, compliance obligations, meeting requirements, and remuneration details. It's particularly important in the context of ASIC reporting requirements and the new Director ID regime. The document should be retained as part of the company's official records and may be required for regulatory compliance, audit purposes, or corporate governance reviews.

What sections should be included in a Confirmation Of Directorship Letter?

1. Letter Header: Company letterhead, date, recipient's name and address

2. Salutation: Formal greeting to the appointed director

3. Appointment Confirmation: Formal confirmation of appointment as director, including effective date and company details

4. Role and Responsibilities: Overview of primary director duties and responsibilities under the Corporations Act 2001

5. Statutory Obligations: Reference to key legal obligations, including Director ID requirements and ASIC notifications

6. Board Meeting Requirements: Information about board meeting attendance expectations and frequency

7. Remuneration: Details of any director's fees or compensation arrangements

8. Confidentiality: Statement regarding confidentiality obligations

9. Acceptance: Space for director's signature to acknowledge and accept the appointment

10. Closing: Formal letter closing with company representative's signature

What sections are optional to include in a Confirmation Of Directorship Letter?

1. Committee Appointments: Include when the director is also being appointed to specific board committees

2. Share Qualification: Include if there are any share ownership requirements for directors

3. Insurance Coverage: Details of D&O insurance coverage, if provided

4. Additional Roles: Include if the director will hold any executive or other positions in addition to directorship

5. Induction Process: Include details of the director induction program if applicable

6. Conflict of Interest: Specific provisions regarding conflicts of interest if there are known potential conflicts

What schedules should be included in a Confirmation Of Directorship Letter?

1. Board Charter Summary: Key excerpts from the company's board charter

2. Director ID Requirements: Information sheet on Director ID registration process and requirements

3. Company Policies Summary: List of key company policies requiring director compliance

4. Consent to Act Form: ASIC form for formal consent to act as director

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Genie AI

Document Type

Confirmation Letter

Sector

Sales

Cost

Free to use
Relevant Industries

Financial Services

Healthcare

Technology

Manufacturing

Retail

Mining

Professional Services

Education

Construction

Transport and Logistics

Energy

Agriculture

Telecommunications

Real Estate

Non-Profit Organizations

Media and Entertainment

Relevant Teams

Legal

Compliance

Corporate Governance

Board Secretariat

Risk Management

Corporate Affairs

Executive Office

Administration

Human Resources

Relevant Roles

Board Director

Company Secretary

Board Chair

Chief Executive Officer

Corporate Governance Manager

Legal Counsel

Compliance Officer

Risk Manager

Chief Financial Officer

Corporate Affairs Director

Board Relations Manager

Governance Administrator

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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