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Get On The Hook: Directors Liability For Corporate

On the Hook: Directors Liability for Corporate Tax Transgressions Ryan Morris and Les Chaiet* Under some circumstances, directors may be held personally liable for certain tax liabilities of the corporations.

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As a director, you have a legal responsibility to ensure your company meets its Pay As You Go (PAYG) withholding and Superannuation Guarantee Charge (SGC) obligations. If the company does not meet these obligations, you may become personally liable for a penalty equal to these amounts.

One of the fundamental principles of corporate law is that the owners, directors and officers of a corporate entity generally are not personally responsible for the entity's debts. Without this insulation from personal liability, individuals would be deterred from taking on risk.

Directors' risks prosecutions of directors by Companies House; disqualification; personal liability for breaches of a directors fiduciary duties; personal liability of directors in insolvency proceedings.

Statutory provisions may also impose personal liability on a director. For example, a director will face personal liability if they pay a dividend, purchases, or redeems shares in the company where the company is insolvent or the action would render it insolvent.

Companies Act, 2013: In terms of the provisions of the companies act, the director of a company may be held liable for any loss or damages sustained by the company as a consequence of any breach by him or her and due to failure to disclose a personal financial interest in a particular matter.

If a director issues a prospectus with intent to defraud the applicants or other persons for any purpose, he/she will be personally held liable, without any limitation of liability, for the damages incurred by any person who has subscribed to the securities on the basis of such prospectus.

A corporate director is subject to liability when he fails to implement an information system or if while implementing this control, the director fails to oversee its operations. Directors should implement compliance and monitoring programs within the business, and oversee the programs for possible law violations.

Corporate liability, also referred to as liability of legal persons, determines the extent to which a company as a legal person can be held liable for the acts and omissions of the natural persons it employs and, in some legal systems, for those of other associates and business partners.

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© Copyright 1997-2025
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Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
Content Takedown Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
Industries
Forms in Spanish
Localized Forms
State-specific Forms
Forms Kit
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
+1 833 426 79 33
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232