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ACC520 Legal Regulation Of Business Structures For Corporations Act

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Questions:

1. Does Alex fit within the definition of an officer under the Corporations Act 2001 (Cth)?
 
2. Section 9 of the Act provides the legal definition of officer. Whilst this includes a director or secretary of the corporation it also, under sub-section (b) includes a person:
(i)‘who makes, or participates in making, decisions that affect the whole, or a substantial part, of the business of the corporation; or
(ii)who has the capacity to affect significantly the corporation’s financial standing; or
(iii)in accordance with whose instructions or wishes the directors of the corporation are accustomed to act (excluding advice given by the person in the proper performance of functions attaching to the person’s professional capacity or their business relationship with the directors or the corporation).’[ Corporations Act 2001 (Cth) s9.]

 
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