Director Declaration Form for Australia

Director Declaration Form Template for Australia

A Director Declaration Form is a mandatory legal document used in Australian corporate governance that captures essential declarations and information from individuals before they can be appointed as company directors. The form ensures compliance with the Corporations Act 2001 (Cth) and related legislation, requiring prospective directors to confirm their eligibility, acknowledge their duties and responsibilities, and disclose any potential disqualifying factors. The document serves as both a record of the director's acknowledgment of their obligations and a compliance tool for the company to demonstrate proper due diligence in director appointments.

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What is a Director Declaration Form?

The Director Declaration Form is a fundamental corporate governance document required under Australian law whenever a new director is appointed to a company. This form must be completed prior to or upon appointment of a director and serves multiple purposes: it confirms the director's eligibility under the Corporations Act 2001, documents their understanding of statutory duties and responsibilities, and captures essential personal information required for ASIC registration. The form includes declarations about bankruptcy status, criminal history, and disqualification factors, while also incorporating consent to act as a director. For listed companies, additional declarations regarding independence and interests may be required under ASX Listing Rules. The document forms part of the company's official records and may be required for regulatory compliance reviews or corporate governance audits.

What sections should be included in a Director Declaration Form?

1. Personal Information: Director's full legal name, former names, date of birth, residential address, and contact details

2. Company Details: Name of the company, ACN/ABN, and registered office address

3. Eligibility Declarations: Declarations confirming the person meets basic eligibility requirements under Section 201B of the Corporations Act (age, capacity, etc.)

4. Disqualification Status: Declarations regarding any disqualifications under Section 206B of the Corporations Act

5. Consent to Act: Formal consent to act as a director of the specified company

6. Understanding of Duties: Acknowledgment of understanding director duties under Chapter 2D.1 of the Corporations Act

7. Criminal History Declaration: Declaration regarding any criminal convictions that may affect eligibility to act as a director

8. Bankruptcy Status: Declaration regarding current or previous bankruptcy status

9. Signature and Date: Space for director's signature and date of declaration

What sections are optional to include in a Director Declaration Form?

1. Listed Company Requirements: Additional declarations required for directors of ASX-listed companies, including interest disclosures and independence status

2. Other Directorships: Details of other current and past directorships within the last 5 years

3. Professional Qualifications: Details of relevant qualifications and professional memberships

4. Conflicts of Interest: Declaration of any existing or potential conflicts of interest

5. Industry-Specific Declarations: Additional declarations required for regulated industries (e.g., financial services, healthcare)

6. Foreign Director Details: Additional information required for directors who are not Australian residents

What schedules should be included in a Director Declaration Form?

1. Identity Documentation: Certified copies of identification documents (passport, driver's license)

2. Qualification Certificates: Copies of relevant academic or professional qualifications

3. Police Check Results: Results of national police check if required

4. ASIC Historical Search: Results of ASIC historical personal name search

5. Consent Forms: Additional consent forms for specific searches or checks

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

Declaration Form

Sector

Cost

Free to use
Relevant Industries

Financial Services

Healthcare

Mining and Resources

Technology

Retail

Manufacturing

Professional Services

Education

Construction

Energy

Transportation

Agriculture

Real Estate

Telecommunications

Non-Profit Organizations

Media and Entertainment

Relevant Teams

Legal

Compliance

Corporate Governance

Company Secretariat

Risk Management

Board Support

Executive Office

Corporate Services

Administrative Services

Regulatory Affairs

Relevant Roles

Company Secretary

Corporate Governance Manager

Legal Counsel

Compliance Officer

Board Administrator

Chief Legal Officer

General Counsel

Corporate Services Manager

Risk Manager

Director of Compliance

Board Secretary

Governance Officer

Legal Administrator

Chief Executive Officer

Chief Financial Officer

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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