Termination Of Appointment Letter for Australia

Termination Of Appointment Letter Template for Australia

A formal business document used in Australian jurisdictions to officially terminate an individual's appointment to a specific position or role within an organization. The letter complies with Australian corporate law requirements, including the Corporations Act 2001 (Cth) and relevant state legislation. It formally documents the termination decision, effective date, and any associated terms or conditions, while ensuring compliance with procedural requirements and maintaining professional standards. The document serves as an official record of the termination and may be required for regulatory filings, particularly for appointed positions such as directors or company officers.

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What is a Termination Of Appointment Letter?

The Termination of Appointment Letter is a crucial document in Australian corporate governance, used when an organization needs to formally end an individual's appointment to a specific position. This document is particularly relevant for appointed positions such as directors, officers, or other formal roles within an organization. It must comply with Australian federal and state legislation, including the Corporations Act 2001 (Cth) and relevant regulatory requirements. The letter typically includes essential information such as the effective date of termination, position details, legal basis for the termination, and any continuing obligations. It serves multiple purposes: providing formal notice to the appointee, creating an official record of the termination, enabling regulatory notifications (where required), and protecting the organization's interests through proper documentation.

What sections should be included in a Termination Of Appointment Letter?

1. Letterhead and Date: Company letterhead including full legal name, ACN/ABN, registered address, and current date

2. Recipient Details: Full name and address of the appointee whose position is being terminated

3. Subject Line: Clear indication that this is a termination of appointment notice

4. Position Reference: Specific reference to the position/appointment being terminated and when it was originally made

5. Termination Statement: Clear statement of the termination decision and effective date

6. Legal Authority: Reference to the legal basis for the termination (e.g., board resolution, constitutional power)

7. Return of Company Property: Request for return of any company property, documents, or access credentials

8. Acknowledgment Request: Request for acknowledgment of receipt and acceptance of the termination

9. Signature Block: Authorized signatory details including name, position, and signature

What sections are optional to include in a Termination Of Appointment Letter?

1. Reason for Termination: If appropriate or required, explanation of the reasons for termination - used when there's a specific cause or when required by company constitution

2. Continuing Obligations: Reference to any ongoing obligations such as confidentiality or non-compete provisions - used when such obligations exist post-termination

3. Final Payments: Details of any final payments or entitlements - used when there are outstanding financial matters to address

4. Regulatory Notifications: Reference to required notifications to regulatory bodies - used for regulated positions like company directors

5. Transitional Arrangements: Details of any handover or transition period - used when a smooth transition is required

6. Legal Rights Reservation: Standard reservation of legal rights - used in potentially contentious situations

What schedules should be included in a Termination Of Appointment Letter?

1. Certificate of Resolution: Copy of board or shareholder resolution authorizing the termination

2. Company Property List: Itemized list of company property to be returned

3. Regulatory Forms: Relevant regulatory forms (e.g., ASIC forms for director resignation)

4. Acknowledgment Form: Form for the appointee to sign acknowledging receipt and acceptance of the termination

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

Employment Form

Cost

Free to use
Relevant Industries

Financial Services

Healthcare

Education

Mining and Resources

Technology

Retail

Manufacturing

Professional Services

Government and Public Sector

Not-for-Profit

Construction

Transport and Logistics

Telecommunications

Energy and Utilities

Relevant Teams

Legal

Corporate Governance

Board Secretariat

Human Resources

Executive Office

Compliance

Risk Management

Company Secretariat

Administrative Support

Corporate Affairs

Relevant Roles

Company Director

Non-Executive Director

Company Secretary

Chief Executive Officer

Chief Financial Officer

Board Chairman

Committee Chair

Trustee

Executive Officer

Company Officer

Advisory Board Member

Regional Director

Acting Director

Alternate Director

Independent Director

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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