Running of companies

ASIC does not get involved in disputes between officeholders and/or members of small proprietary companies

These disputes generally relate to the legal rights of those involved under the constitution of the company. As such, they do not affect consumers or investors in the broader community. Please read the following information on resolving these disputes:

  • Disputes between officeholders and/or members of small proprietary companies (INFO 162)
  • Misconduct within a company when an insolvency practitioner has been appointed (INFO 175)

Companies breaking the law please read When companies break laws that ASIC does not enforce (INFO 208).

Financial reporting please read Disputes about financial reporting by small proprietary companies (INFO 190).

Company mail for disputes about receiving mail from an unrelated entity at your address, please read Disputes about company addresses and company mail (INFO 192).

Similar company names please read Disputes about similar company names (INFO 199).

Shareholder rights for disputes about your rights as a member of a proprietary company, please read Disputes about your rights as a proprietary company shareholder (INFO 188).

Companies limited by guarantee for information about companies limited by guarantee such as recreational (sports and bowling clubs), cultural and charitable organisations, please read Companies limited by guarantee - Disputes about members' rights (INFO 215)

Failing to pay debts if you are concerned about phoenix activity, please read:

For disputes about small proprietary companies failing to pay debts please read:

  • Disputes about unpaid debts: Small proprietary companies (INFO 173)

Accessing company information if you are a member of a company and you are concerned about accessing the company’s information, please read Disputes about access to company information (INFO 186).

For information about the use of the words 'Limited', 'No Liability' or 'Proprietary' in a company name, please read Using 'Limited', 'No Liability' or 'Proprietary' in a name (INFO 189).

Disputes involving businesses that are not registered companies
For disputes involving a business that is not a registered company (i.e. it does not have an ACN) - for example, about unpaid debts, contact: State or territory consumer affairs

We recommend you seek legal advice to discuss the matter or resolve it through mediation. If you are unsure of how to access legal advice contact the Law Society in your state or territory.

You can contact the Fair Work Ombudsman if you would like to report someone who isn't complying with workplace laws or you need help in resolving a workplace issue about:

  • pay – e.g. penalty rates, allowances and loadings
  • leave – e.g. annual, sick, maternity and parental leave
  • ending employment – e.g. notice, final pay and redundancy
  • discrimination and other workplace protections
  • sham contracting
  • union membership and right of entry
  • anything else covered by an award, enterprise agreement or other registered agreement.

ASIC receives reports about:

  • how company directors and officers manage their companies
  • incorrect or late release of company information to the market
  • raising money from the public
  • a company continuing to trade while unable to pay its debts
  • how company administrators, liquidators or auditors perform their duties
  • misleading or deceptive conduct to do with borrowing money
  • a takeover or company restructure.

We welcome reports if misconduct if a company or company officer has broken the laws we enforce, but we will only contact you about your report if we need more information:

Last updated: 21/06/2023 12:00