Section 206A(1) Corporations Act 2001 | Disqualified Person Not To Manage Corporations


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Section 206A(1) of the Corporations Act 2001 (Cth) is ‘Disqualified Person Not To Manage Corporations’ and is extracted below.

If you require the services of a criminal defence team that specialises in corporate crime and compliance, call Sydney Criminal Lawyers today on (02) 9261 8881 to arrange a consultation.

Our criminal defence lawyers are vastly experienced in advising and representing corporations and individuals who are facing investigations for regulatory issues and proceedings for criminal offences, and our expertise in serious and complex cases means you can rest assured of receiving the most effective legal representation whatever your situation may involve.

The Legislation
Section 206A(1) of the Corporations Act 2001 (Cth) is Disqualified Person Not To Manage Corporations and reads as follows:

Disqualified Person Not To Manage Corporations

(1)  A person who is disqualified from managing corporations under this Part commits an offence if:

(a)  they make, or participate in making, decisions that affect the whole, or a substantial part, of the business of the corporation; or

(b)  they exercise the capacity to affect significantly the corporation’s financial standing; or

(c)  they communicate instructions or wishes (other than advice given by the person in the proper performance of functions attaching to the person’s professional capacity or their business relationship with the directors or the corporation) to the directors of the corporation:

(i)  knowing that the directors are accustomed to act in accordance with the person’s instructions or wishes; or

(ii)  intending that the directors will act in accordance with those instructions or wishes.

Note:          Under section 1274AA, ASIC is required to keep a record of persons disqualified from managing corporations.

The penalties                                                                                                             

The maximum penalty for the offence of Disqualified Person Not To Manage Corporations is:

1 year imprisonment and/or 50 penalty units (a Commonwealth penalty unit is currently $210).

However, it should be kept in mind that maximu m penalties are reserved for the most serious cases.

Your legal team will be able to advise you of the essential elements the prosecution would need to prove in order to establish the offence, whether those elements are capable of being established in your particular situation, the most effective and efficient way forward and the likely outcome.

Why Sydney Criminal Lawyers®?

Choosing the right legal team to defend your reputation and interests can be a difficult process.

However, it is always important to look at a firm’s experience and results when making this decision.

At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex criminal matters – so you can rest assured that you are in safe hands.

Our criminal law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.

Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.

However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’

Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the criminal law, as well as their ability to obtain excellent results in difficult cases.

We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.

For the best defence in your case, get the experts on your side today. Call us now on
(02) 9261 8881 and book your FREE first conference
with our criminal law specialists.