Category Archives: Uncategorized

Director Resignation Date

Written on May 7, 2021 at 6:11 am, by

When a director resigns from a company, ASIC must be notified. But what is the effective date of the change? Director Notification An outgoing director can notify ASIC of their resignation using a form 307.  That form along with a copy of the letter of resignation must be lodged with ASIC. There is no lodgment fee.   Continue Reading »

What is an apostille?

Written on April 28, 2021 at 4:47 am, by

Using your document overseas Apostille – pronounced  a-pos-teel. Before a public document can be used in another country, its origin may need to be authenticated with an apostille. In Australia, apostilles are issued by the Department of Foreign Affairs and Trade (DFAT) and are recognized by each of the 86 countries that are signatories to  Continue Reading »

Notary Appointments

Written on October 2, 2020 at 5:59 am, by

Notarising documents is not as simple as turning up at the notary’s office and signing something. To make your notary appointment a success, take the time to follow these simple steps. Where the notary public is required to witness your signature make sure that you:- Bring the entire original document to be signed with you; If  Continue Reading »

Company differences

Written on January 9, 2020 at 2:34 am, by

What is the difference between ….. Sometimes when looking at a company and its structure you need to know “What is the difference between….”.  Here are the answers to some FAQ’s. A Member and a Shareholder If a company has share capital, there is no difference between a member of a company and a shareholder.  Continue Reading »

Digital Signatures

Written on December 5, 2019 at 6:31 am, by

When directors sign deeds, they must do so with a wet signature  – that is sign with a pen – on an actual piece of paper. A digital signature is no good. So, no more electronic documents and no more digital signatures  for deeds. The laws which govern electronic signatures simply do not apply to  Continue Reading »

Wills for Sole Directors

Written on July 31, 2019 at 6:05 am, by

When the sole director of a company dies, then the person nominated in their will to obtain probate (the executor) willstep in or appoint someone else as the director of the company. (Section 701F Corporations Act 2001).  The company can then continue to run.  Documents can be signed. Bank accounts accessed. The beneficiaries cannot take  Continue Reading »

Removing Company Directors

Written on July 4, 2019 at 2:38 am, by

Removing  directors is not a particularly difficult task if all the members of the company want the director to go.  And, if you were to prepare a step by step guide on how to remove a director, it would look something like this:- Get a copy of the current Constitution; Get a copy of the current  Continue Reading »

Trust Deeds & Original Signatures

Written on January 25, 2019 at 6:05 am, by

The value of an original artwork is determined by being able to prove who painted it, it’s condition and being able to establish your ownership. If it is a fake or has been stolen, its value could be lost even if you paid a lot of money for it.  A trust deed has no value  Continue Reading »

Website Terms & Conditions

Written on February 8, 2018 at 12:19 am, by

Would you like to see Jankus Legal’s website terms & conditions? Here they are! Website Terms and Conditions. So why do we have them?  Well, because we:- want to protect our brand put information on our website for you to look at have links to third party websites and collect your personal information when you contact  Continue Reading »

Buy/Sell Agreements and SMSF’s

Written on August 14, 2017 at 3:14 am, by

Where life or TPD insurance is held by a SMSF to pay out under a Buy/Sell Agreement, the SMSF may breach the sole purpose test in the SIS Act.  One significant consequence of this is that the total value of the assets in the SMSF will be taxed at the highest marginal rate of tax.  Continue Reading »