Are you eligible to operate a business?

Some people are automatically disqualified from operating businesses or managing companies in Australia

A person cannot manage a business if they are:

  • a bankrupt, or
  • have been convicted of certain types of offences under s206B of the Corporations Act.
  • have been convicted of certain types of offences under s32(1) of the Business Names Registration Act 2011.

If a person has been convicted of certain types of offences they are automatically disqualified from managing a company for five years.

ASIC can also disqualify or ban a person from managing a company for up to five years if:

  • they have been involved in two or more failed (liquidated) companies in the last seven years, and
  • a liquidator has lodged a report with ASIC for each of the companies about the companies' inability to pay its debts.

It is a serious criminal offence to manage a company when disqualified.

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Last updated: 28/09/2016 11:13