The professional standing of the company secretary has come a long way since the days when he was considered to be a “mere servant whose position is that he was to do as he is told.”

The company secretary plays an important advisory role in the business of the Board. He or she must be familiar with a directors obligations and accountabilities and be able to identify and document those discussions that demonstrate the Directors have turned their mind to the consideration of those matters.

There is a wonderful quote every company secretary should know “As the great ones depart, eating their dinner, the secretary sits getting thinner and thinner, racking his brain as he tries to record and report what he thinks they think they have ought to have thought.” The content to be included in the minutes of a meeting has been the subject of debate on many occasions. Our company secretaries pride themselves on their in-depth knowledge of this topic and are comfortable sharing that knowledge with Boards or existing in house company secretary teams.

A board evaluation is not a one-size-fits-all solution. We work with boards across public, private, and non-profit organisations to design and implement evaluations that are specific to our clients needs.

Whether its a light touch approach that’s needed or a detailed deep dive we can develop a board evaluation to suit, and turn evaluation results into productive effectiveness and efficiency insights.

Over the past 20 years we have had the benefit of using every board portal on the market. They can help boards, committees, and leadership teams streamline their corporate governance processes, boost productivity, and improve meeting effectiveness.

They can act as a central repository for historical meeting materials, board and committee artefacts, strategic plans and financial reports. In our experience we have found them to be incredibly useful when responding to requests to produce information for regulators or litigation, mergers and acquisitions (M&A).

A board portal is an essential tool for any board faced with geographical challenges. The ability to circulate resolutions to directors outside of the normal meeting cycle and have an instant signed record of the approved resolution cannot be understated.

Death Benefit Claims and the Trustee

Upon the death of a member of a superannuation fund a pecuniary benefit, subject to certain qualifications, will become payable to the deceased persons binding nominated beneficiary. In the absence of a binding nomination the trustee must determine with reference to the fund trust deed and relevant law how the benefit will be distributed or apportioned between any identified beneficiaries. Access Governance has the expertise to assist with the review and provide an independent assessment of potential death benefit payments.

The Corporations Act 2001 requires all companies registered in Australia to appoint at least one director who is a resident of Australia. Access Governance can provide a complete solution for your overseas business including a resident director and public officer service, company registration, registered office and local agent service. We are also able to offer ongoing compliance services and company secretary services.

Before you nominate an individual for appointment by ASIC as a Responsible Manager, you will need to ensure that certain requirements have been met. First, your nominated person will need to have relevant experience and qualifications in the financial services industry, and demonstrate a good understanding of the regulatory framework and compliance obligations that apply to their area of responsibility. They will also need to be a fit and proper person, meaning that they have no criminal convictions or adverse disciplinary findings, and that they are someone of good reputation and character.

You will also need to assess whether that person has the knowledge, skills and experience necessary to effectively manage the licensed activities of the financial services business you are nominating them as a Responsible Manager for. We can undertake this assessment for you.