ASIC · Package 1
Statutory Consent Forms — Directors, Secretary, Member

Consent to Act Forms

Consents required under sections 117(5), 120(1), 201D and 204C of the Corporations Act 2001 (Cth) to be signed by each Director, Company Secretary and Member before ASIC Form 201 is lodged. Also includes the Responsible Person Declaration required by the ACNC Governance Standards 4 and 5.

DRAFT v1.0 · To be printed and signed in ink or via witnessed electronic signature
Signing sequence

Each of the forms below is a separate legal instrument. Print (or use a witnessed electronic-signature platform such as DocuSign or Adobe Sign) and have each Director sign their own Consent to Act as Director, each Secretary sign their own Consent to Act as Secretary, each Member sign the Application for Member and Guarantee, and each Responsible Person sign the Responsible Person Declaration. Retain originals with the corporate register.

Form 1 — Consent to Act as Director

Corporations Act 2001 (Cth) section 201D

To: Life Without Debt Ltd ACN [to be issued by ASIC] (the "Company")

I, [FULL NAME] of [RESIDENTIAL ADDRESS], born on [DOB] at [PLACE OF BIRTH], hereby:

  1. consent to act as a Director of the Company from the date of the Company's registration under the Corporations Act 2001 (Cth), or such other date as the Members or the Board may determine;
  2. confirm I am a natural person aged 18 years or over;
  3. confirm I am not disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001 (Cth);
  4. confirm I am not disqualified from being a Responsible Person under the Australian Charities and Not-for-profits Commission Act 2012 (Cth) or the Regulations made under that Act;
  5. agree to be bound by the Constitution of the Company and by every policy adopted by the Board including the Board Charter, the Conflicts of Interest Policy, the Related-Party Transactions Policy and the Direct Relief Policy;
  6. acknowledge my duties under the general law, sections 180 to 184 of the Corporations Act, and ACNC Governance Standard 5, including the duty to act with care and diligence, in good faith, in the best interests of the Company and its charitable purposes, to disclose and manage conflicts of interest, and to ensure the responsible financial management of the Company;
  7. agree to notify the Company immediately if, at any time, any of the above representations ceases to be true.
Signature of consenting Director
[NAME]
Date
[DATE]
Signature of Witness
[Witness must be independent adult]
Witness name & address
[NAME + ADDRESS]

Form 2 — Consent to Act as Company Secretary

Corporations Act 2001 (Cth) section 204C

To: Life Without Debt Ltd ACN [to be issued by ASIC] (the "Company")

I, [FULL NAME] of [RESIDENTIAL ADDRESS], born on [DOB] at [PLACE OF BIRTH], hereby:

  1. consent to act as Company Secretary of the Company from the date of the Company's registration or such other date as the Board may determine;
  2. confirm I am a natural person aged 18 years or over and ordinarily resident in Australia;
  3. confirm I am not disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001 (Cth);
  4. acknowledge my responsibilities under sections 188 and 205B of the Corporations Act including the making of returns and notifications to ASIC;
  5. agree to notify the Company immediately if any of the above representations ceases to be true.
Signature of consenting Secretary
[NAME]
Date
[DATE]
Signature of Witness
[Witness]
Witness name & address
[NAME + ADDRESS]

Form 3 — Application for Member and Guarantee

Constitution clause 11 and Corporations Act 2001 (Cth) section 117(5)

To: Life Without Debt Ltd (the "Company")

I, [FULL NAME] of [RESIDENTIAL ADDRESS], apply to become a Member of the Company and:

  1. agree to be bound by the Constitution of the Company;
  2. undertake to contribute to the property of the Company, in the event of it being wound up while I am a Member or within one year after I cease to be a Member, for payment of the debts and liabilities of the Company contracted before I ceased to be a Member, and of the costs of winding up, such amount as may be required, not exceeding AUD $10.00; and
  3. acknowledge that Membership is not transferable and ceases on my death or otherwise in accordance with the Constitution.
Signature of applicant Member
[NAME]
Date
[DATE]

The Board of the Company by resolution dated [DATE] approves the admission of the above applicant as a Member. (Signed by two Directors — see Board minutes.)

Form 4 — Consent to Occupation of Registered Office

Corporations Act 2001 (Cth) section 100 (required only if the Company does not own the premises at which the registered office is located)

I, [FULL NAME OF OWNER / LESSEE OF PREMISES] of [ADDRESS], being the owner / lessee of the premises situated at [PREMISES ADDRESS], consent to those premises being specified as the registered office of Life Without Debt Ltd from the date of its registration under the Corporations Act 2001 (Cth).

Signature of premises owner / lessee
[NAME]
Date
[DATE]

Form 5 — Responsible Person Declaration (ACNC)

Australian Charities and Not-for-profits Commission Act 2012 (Cth) and ACNC Governance Standards 4 and 5

To: Life Without Debt Ltd (the "Charity") and to the Australian Charities and Not-for-profits Commission (the "ACNC")

I, [FULL NAME], being (or being proposed as) a Responsible Person of the Charity, declare that:

  1. I am not disqualified from being a Responsible Person of a registered charity under the ACNC Act 2012 (Cth) or the Australian Charities and Not-for-profits Commission Regulation 2013 (Cth);
  2. I am not disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001 (Cth), including that I:
    1. have not been convicted of a serious offence or a dishonesty offence within the meaning of the Corporations Act;
    2. am not an undischarged bankrupt and am not subject to a personal insolvency agreement or arrangement I have failed to fulfil;
    3. have not been disqualified by ASIC, ORIC, or an Australian or New Zealand court;
  3. I am not currently listed on the ACNC Disqualified Persons Register or the ASIC Disqualified Persons Register;
  4. I have read and understand the duties of a Responsible Person as set out in ACNC Governance Standard 5, and I agree to comply with those duties;
  5. I have read the Charity's Constitution and every governance policy adopted by the Board, and I agree to be bound by them;
  6. I have read and understood the ACNC guide Governance for good: A guide for Responsible People; and
  7. I will notify the Charity in writing immediately if any of the above representations ceases to be true or if any matter arises which could give rise to a conflict of interest.
Signature of Responsible Person
[NAME]
Date
[DATE]