Regardless of the size, type or function of a company, pursuant to the Corporations Act 2001, directors of a company are required to ensure that it complies with obligations and meets minimum standards for good governance.
At Ellem Warren Lawyers, having regularly appeared in court for and against directors of companies in liquidation, we understand that corporate governance and compliance can require constant dedication and development. We know from experience what ASIC and liquidators are targeting.
We provide our corporate clients not only with high quality and detailed advice on all regulatory issues, but with a practical approach to compliance, capable of integration into the everyday processes.
No matter the economic climate, companies and their officers should reflect on their corporate compliance protocol, structuring for asset protection, and understand the key duties of company directors.
We are able to provide the information and systems to maximize protection to organisations (and the people with the responsibility of running them) while minimizing the complexity and ‘red tape’.
Recent high-profile prosecutions, cases and news reports highlight the need for all companies and directors, publicly listed or private, to ensure that compliance and governance requirements are being consistently met.
Ellem Warren Lawyers’ team have represented public and private companies to ensure they meet compliance and good governance standards.
Our experience is complemented by our highly skilled Dispute Resolution and Litigation team who have been involved in a number of successful litigations and representations in this area.
Examples include the following:
- Advising publicly listed companies on corporate governance issues, directors’ duties and other corporate matters, including:
- Requirements for additional capital raising and PDS preparation;
- Australian financial services licence (AFSL) application and compliance;
- Compliance with the Corporations Act, the Trade Practices Act and the ASX Listing Rules.
- Start-up compliance advice and assistance, including structure advice to limit liability for:
- wholly owned foreign entities;
- high risk ventures.
- Advice on directors’ duties for companies in financial difficulty, turn-around and insolvency;
- Advising regarding risk management plans, risk assessment checklists, and training;
- Providing recommendations for integration of corporate governance, management, operational and audit programs / systems in the context of risk management;
- Structuring for asset protection.
- Representation in ASIC or liquidator litigation.
We are able to provide workshops and updates to our clients to ensure that relevant staff and directors are up to date with the latest developments. In doing so, we are able provide our clients with the tools and knowledge to increase compliance strategies to assist them with what they do best – their business.
