Who can sign ASIC forms

Question

Who can sign ASIC forms?

Answer

The majority of ASIC forms are required to be signed by a current Director or Secretary of the Company. Director also includes a current alternate Director. There are some exceptions; for example, a Form 361, Notification of a registered agent ceasing to act for a Company, is signed by the agent. And a Form 6010, Application for voluntary deregistration of a Company, must be signed by the Applicant for deregistration. The Applicant could be Director but may also be a Member or liquidator of the Company. 

Other related documents in the pack may include:

1.  Minutes of Meeting - Minutes are signed by the Chairperson of the Meeting, who is either a current Director or Member of the Company, depending on the type of meeting. A Resolution passed without holding a meeting, is signed by either all current Directors or all current Members.

2.  Application for Shares and Consent to become a Member - signatory depends on the type of Shareholder:

  • Individual Shareholder - Individual who will receive the shares
  • Corporate Shareholder - Nominated director/s of the corporate Shareholder

3.  Share Certificate - Nominated Director/s of the Company issuing the Share Certificate

4.  Declaration of Trust - the legal owner of the shares (not the beneficial owner)

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