A Resolution to Appoint a Director is a crucial corporate governance document used when a company needs to formally appoint a new director to its board. This document is required under Australian corporate law and must comply with both the Corporations Act 2001 (Cth) and the company's constitution. It is typically prepared following a board or shareholder meeting where the appointment decision was made. The resolution must include specific details about the company, the appointed director, and the appointment process. It serves multiple purposes: creating a legal record of the appointment, providing evidence for ASIC registration, and forming part of the company's official records. The document is particularly important as it initiates the legal responsibilities and duties of the new director under Australian law.
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1. Company Details: Full legal name of the company, ACN, and registered office address
2. Meeting Type: Specification of whether this is a board resolution or shareholders' resolution
3. Date and Time: Date and time when the resolution was passed
4. Present: List of directors/shareholders present at the meeting
5. Chairperson: Identity of the person chairing the meeting
6. Quorum: Confirmation that a quorum was present for the meeting
7. Resolution: The formal resolution to appoint the new director, including their full name and date of appointment
8. Confirmation: Confirmation that the resolution was passed and voting results if relevant
9. Execution: Space for signature of the chairperson or company secretary to certify the resolution
1. Nominee Details: Additional information about the nominated director when they are not present at the meeting
2. Special Conditions: Any special conditions attached to the appointment (e.g., subject to regulatory approval)
3. Voting Details: Detailed breakdown of votes if requested or required for record-keeping
4. Conflicts of Interest: Declaration of any conflicts of interest noted during the appointment process
5. Qualification Confirmation: Confirmation that the appointee meets all required qualifications and is not disqualified under the Corporations Act
6. Term of Appointment: If the appointment is for a specific term or subject to rotation requirements
1. Director's Consent to Act: Written consent form signed by the appointed director
2. Director's Details: Personal information required for ASIC notification including name, address, date of birth
3. Supporting Documentation: Any relevant certificates, qualifications, or background checks required for the appointment
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Mining
Technology
Healthcare
Retail
Manufacturing
Professional Services
Real Estate
Energy
Transport and Logistics
Agriculture
Education
Construction
Telecommunications
Non-Profit
Government Owned Corporations
Relevant Teams
Legal
Corporate Governance
Company Secretariat
Board Support
Compliance
Corporate Services
Executive Office
Risk Management
Administrative Support
Relevant Roles
Company Secretary
Corporate Lawyer
Board Director
Managing Director
CEO
Chairperson
Corporate Governance Officer
Legal Counsel
Compliance Officer
Board Administrator
General Counsel
Corporate Services Manager
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