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Secretary Consent Form for Australia

Secretary Consent Form Template for Australia

A Secretary Consent Form is a mandatory legal document under Australian corporate law that formally records an individual's consent to act as a company secretary. The document complies with the requirements of the Corporations Act 2001 and ASIC regulations, capturing essential personal information, qualifications, and statutory declarations. It serves as official evidence of the secretary's acceptance of the role and their understanding of the associated duties and responsibilities, while also confirming their eligibility to hold the position under Australian law.

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Secretary Consent Form

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What is a Secretary Consent Form?

The Secretary Consent Form is a fundamental corporate governance document required when appointing a company secretary in Australia. This form must be completed before or upon the appointment of a new company secretary and is mandatory for submission to ASIC within 28 days of the appointment. The document serves multiple purposes: it provides evidence of the secretary's formal consent, confirms their eligibility under the Corporations Act 2001, and captures essential personal information required for ASIC records. The form is particularly crucial for public companies, which must have at least one secretary, and is also used by proprietary companies that choose to appoint a secretary. The Secretary Consent Form must include specific declarations about the appointee's eligibility and their understanding of the role's responsibilities.

What sections should be included in a Secretary Consent Form?

1. Personal Details: Secretary's full legal name, former names (if any), residential address, date of birth, and contact information as required by ASIC

2. Company Details: Full registered company name, ACN/ABN, registered office address

3. Consent Declaration: Formal statement of consent to act as company secretary and acknowledgment of appointment date

4. Qualification Statement: Confirmation of eligibility to act as secretary under the Corporations Act 2001

5. Statutory Declarations: Declaration that the person is not disqualified from managing corporations under the Corporations Act 2001

6. Execution Block: Space for secretary's signature, date, and witness details

What sections are optional to include in a Secretary Consent Form?

1. Additional Roles: Required if the secretary will also serve in other positions (e.g., director, public officer)

2. Resident Agent Declaration: Required for foreign companies requiring a local agent

3. Digital Communication Consent: Optional section for consent to receive notices and documents electronically

4. Professional Qualifications: Required for public companies where secretary must have specific qualifications

What schedules should be included in a Secretary Consent Form?

1. Schedule 1 - Duties and Responsibilities: Detailed list of statutory and company-specific duties of the secretary

2. Schedule 2 - Company Constitution Extract: Relevant sections of the company constitution relating to the secretary role, if applicable

3. Appendix A - Required Identification Documents: List of required identification documents to be attached to the form

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok˰ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

tiktok˰

Document Type

Consent Form

Sector

Cost

Free to use
Relevant legal definitions













Clauses












Relevant Industries

Financial Services

Healthcare

Technology

Manufacturing

Retail

Mining

Professional Services

Education

Real Estate

Construction

Agriculture

Non-Profit

Transportation

Energy

Telecommunications

Relevant Teams

Legal

Corporate Governance

Compliance

Company Secretariat

Board Administration

Executive Office

Risk Management

Administrative Services

Relevant Roles

Company Secretary

Corporate Secretary

Board Secretary

Governance Officer

Compliance Officer

Legal Counsel

Corporate Governance Manager

Chief Legal Officer

General Counsel

Managing Director

CEO

Director of Legal Affairs

Board Administrator

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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