The Company Secretary

Continuous Disclosure - don't get it wrong!

gallagher.famile@gmail.com (Adam Gallagher) — Thu, 23 Feb 2023 05:12:07 GMT

"little understanding or regard for his legal obligations as a director"

ASIC and courts come down hard on Continuous Disclosure breaches:

https://asic.gov.au/about-asic/news-centre/find-a-media-release/2023-releases/23-029mr-federal-court-sanctions-getswift-with-record-continuous-disclosure-penalty/

Continuous Disclosure requires both a sophisticated understanding and a sophisticated conscience. The Board is as strong as its weakest link and the Company Secretary needs to be both across and involved in all events to ensure that the Directors are well-supported and informed to avoid missteps that can have dire consequences for Companies and Directors alike.

Green washing under ASIC focus

gallagher.famile@gmail.com (Adam Gallagher) — Wed, 15 Feb 2023 05:26:36 GMT

ASIC puts companies on notice for illegitimate sustainability claims

https://asic.gov.au/about-asic/news-centre/find-a-media-release/2023-releases/23-026mr-asic-to-expand-enforcement-focus-areas-in-the-coming-year/

As Company Secretaries begin reviewing and drafting their Company's annual Corporate Governance Statements they should be mindful of how their Company's claims for sustainability are supported. ASIC and, following suit, the ASX will likely be quick on the trigger to fire out query letters wherever they think the lillies have been gilded.

The Role of the Company Secretary

gallagher.famile@gmail.com (Adam Gallagher) — Mon, 16 Jan 2023 22:28:18 GMT

A great read for those that are interested

https://www.aicd.com.au/content/dam/aicd/pdf/tools-resources/bookstore/previews/Role-of-Company-Secretary-preview.pdf

This book that AICD has made publicly available online is a great reference for a contemporary understanding of the role and function of the Company Secretary