Becoming a director of an existing company

Discussion in 'Legal Issues' started by Scott No Mates, 8th Sep, 2020.

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  1. Scott No Mates

    Scott No Mates Well-Known Member

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    A friend is in the enviable position of being offered a role with a successful small business.

    The role is quite senior and will require them to be a company director (they need to hold certain licences which the company currently doesn't hold). No investment in the business is required.

    The role will be for a short period only.

    Will they be required to take out director's insurance or other protections to cover their own assets (it's not practical to move the house or super or other assets to a trust for such a small role).

    Even if they aren't part of the main business activities - is there a way to limit their liability should the company fail for activities outside of the remit?
     
  2. The Falcon

    The Falcon Well-Known Member

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    Ensure the company has D&O insurance and request company indemnify him against claims for a start, though I'd be seeking paid advice on this...not sure if you can totally de-risk.
     
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  3. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    no requirement for insurance.
    No way to limit their liability either other than to make sure the company acts appropriately
     
  4. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    A former Director can be, or remain liable, for acts prior to, while they were a Director and to some extents, afterwards.
    Management Insurance that also includes Directors liability can be a prudent safety net for the acts of others upon a Director but as terry says one way to mitigate some of the risk is to act appropriately. But this wont mitigate all the risk. eg The company has unpaid employee super. A criminal proceeding for environmental, workplace safety etc. Even traffic red light and toll offences.

    Management Liability Insurance Quotes in Australia| BizCover
     
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