Below is information about WHO IS AN OFFICER UNDER THE CORPORATIONS ACT from a variety of sources. Please take a look at the materials that our team has selected for you.
https://www.mondaq.com/australia/directors-and-officers/916704/defining-an-officer-under-the-corporations-act-2001-case-note--asic-v-king-2020-hca-4#:~:text=%27officer%27%20of%20a%20corporation%20means%3A%201%20a%20director,has%20the%20capacity%20to%20affect%20significantly%20the%20
https://www.johngooley.com/post/officers-section-9-of-the-corporations-act
Section 9 of the Corporations Act provides that an ‘ officer ’ of a corporation means: (a) a director or secretary of the corporation; or. (b) a person: (i) who makes, or participates in making, decisions that affect the whole, or a substantial part, of the business of the corporation; or. (ii) who has the capacity to affect significantly the corporation's financial standing; or.
https://www.mondaq.com/australia/directors-and-officers/916704/defining-an-officer-under-the-corporations-act-2001-case-note--asic-v-king-2020-hca-4
https://www.lexology.com/library/detail.aspx?g=7d1fc1b1-fab0-4dbe-ae1f-4551ab200930
in a statement, asic commissioner john price welcomed the decision as providing 'clear guidance on who is an "officer" of a corporation and establishing that the duties and responsibilities to a...
https://www.swaab.com.au/publication/defining-an-officer-under-the-corporations-act-case-note-australian-securities-and-investments-commission-v-king-2020-hca-4
https://www.womenonboards.net/en-au/resources/build-boardroom-capability/the-high-court-determines-who-is-an-officer%E2%80%9D-under
The High Court of Australia has clarified that the meaning of the term “officer” in the Corporations Act 2001 (Cth) ( Corporations Act) is not limited to those who hold or occupy a named office or recognised position in a corporation, in the recent decision of Australian Securities and Investments Commission v King [2020] HCA 4 ( King ).
https://www.indeed.com/hire/c/info/officers-of-a-corporation-roles-and-responsibilities
The officers of a corporation are key management executives who carry out the daily work of the business. They’re appointed by and report to the board of directors, and oversee specific business functions based on their background and expertise. What do the officers of a corporation do?
https://healthlegal.com.au/current-news/high-court-clarifies-definition-officer-corporation/
a director or secretary of the corporation; or. a person: who makes, or participates in making, decisions that affect the whole, or a substantial part, of the business of the corporation; or. who has the capacity to affect significantly the corporation’s financial standing; or.
https://www.wolterskluwer.com/en/expert-insights/powers-and-duties-of-corporation-directors-and-officers
The officers of a corporation are the agents through which the board of directors acts. The board makes the decisions and designates the officers to execute them. As a rule, the duties of each officer are set forth in the bylaws or, to the extent consistent with the bylaws, are prescribed by the board of directors.
http://www5.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s324cl.html
CORPORATIONS ACT 2001 - SECT 324CL. People who are regarded as officers of a company for the purposes of this Division. (1) For the purposes of this Division, a person is taken to be an officer of a company if: (a) the person is an officer of: (i) a related body corporate; or. (ii) an entity that the company controls; or.
https://www.claytonutz.com/knowledge/2012/march/an-officer-and-a-defendant
In most cases, it is relatively simple to say who is and isn't a director (the board elections are usually a good pointer!). But who is an "officer"? For present purposes, the Act says that an officer is: "a person: (i) who makes, or participates in making, decisions that affect the whole, or a substantial part, of the business of the corporation; or
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