Our intuitive tool will guide you through the process step-by-step from start to finish. It’s quick, easy and simple to understand – just how legal documents ought to be.
The expert interview wizard will help you answer a few questions and prepare your document in the background. You’ll have your custom Deed of Access and Indemnity in 10 minutes or less.
A Deed of Access and Indemnity protects directors of a company from personal liability in the bona fide discharge of their duties.
You should use a Deed of Access and Indemnity when you wish to protect the director/s of your company from being held personally liable for company misconduct when undertaking their duties on behalf of the company.
Company directors carry several risks. Directors can be personally liable for:
These liabilities continue even after the director ceases to be a director of the company, for six years after the director leaves office. Directors can face severe financial penalties (up to $200,000) and could potentially be banned from being a director for a period of time.
A Deed of Access and Indemnity should be used when:
The parties involved are the company and the director.
It is general practice for Australian directors and companies to have a Deed of Access and Indemnity in place. This practice is recognised and supported by the Corporations Act 2001 (Cth).
Many believe this deed is necessary to attract, retain and protect competent directors.
Under the Corporations Act, a company is prevented from indemnifying a director in respect of any liability:
In addition, liabilities for legal costs do not include those costs incurred in defending an action for liability incurred as director if:
A company must not pay a premium for a contract to insure a director against liability (other than for legal costs) arising out of:
Section 212 exempts the requirement for shareholder approval if the deed is signed in reasonable circumstances.
There are several signing options available. How you sign largely depends on where the parties are located and if they will attend signing together. You can print on paper and sign, or use electronic signature tools such as Docusign or Hellosign.
If you need any assistance please contact us directly, we would be happy to assist.
If you have any questions or are uncertain about any aspect of the document please do not sign it or use it, Please contact us directly and we would be happy to assist.
Absolutely! Get in touch with us and we can provide a fixed-fee price to review it.
If you’re interested in a Deed of Access and Indemnity you might also need to think about:
Biztech Lawyer’s ‘done for you’ service will help you create a document that is truly tailored to your business’ circumstances, risk appetite and commercial needs.
This might involve a small extra expense. But from experience, there’s a false economy in documents that don’t do what you want them to do, when you want them to do it.
Let our expert commercial lawyers get it done for you.
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