Director Consent Form Template for Australia

When appointing a new director to your Australian company, you must obtain their formal consent through a Director Consent Form. This document is legally required under the Corporations Act 2001 and serves as official evidence that the person agrees to take on the role and responsibilities of a company director. The form is essential for ASIC compliance and must be completed before the director can legally act in their capacity.

When do you need this document?

You need a Director Consent Form whenever you're appointing a new director to your company, whether it's for a startup, an established business adding directors, or replacing departing directors. This applies to all types of companies registered in Australia, including proprietary limited companies, public companies, and not-for-profit companies. The form must be completed before the director's appointment takes effect and should be obtained during the appointment process to ensure legal compliance. You'll also need this document when existing directors are reconfirming their positions or when updating director information with ASIC following corporate restructures.

Key legal considerations

The Director Consent Form must include specific information required by law, including the director's full legal name, residential address, date and place of birth, and their unique Director Identification Number (DIN). The person must declare they meet eligibility requirements, including being at least 18 years old, not being bankrupt, and not being disqualified from managing corporations. They must also acknowledge understanding their duties under the Corporations Act, including care and diligence obligations, good faith requirements, and proper use of position and information. The form creates a legal record of consent and helps protect the company by demonstrating due diligence in the appointment process.

Legal requirements in Australia

Under the Corporations Act 2001, specifically section 201D, a person cannot be appointed as a director unless they have consented to act in that capacity. The company must notify ASIC of the appointment within 28 days using Form 484, and the Director Consent Form provides supporting documentation for this notification. Since 2022, all directors must have a Director Identification Number obtained from ASIC before appointment, and this must be included on the consent form. The Privacy Act 1988 also applies to the collection and storage of personal information in these forms. Companies must maintain the original signed consent forms as part of their corporate records, and these documents may be requested by ASIC during compliance reviews or investigations.