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ARTICLE · 09 DECEMBER 2019

Director duties: risk versus reward

Accountants should not be directors for clients unless they understand and appreciate the risks associated with the role.

AustraliaCorporate/Commercial Law

To be or not to be a director...that is the question!

I don't know if it's just a sign of the times, but the number of dire situations we are seeing where accountants and advisors have taken on roles as directors of companies that are placed into liquidation, is quite astounding.

In one matter, we saw a highly qualified (and well respected) accountant accept the role as director of a company, which ultimately went into liquidation, with millions of dollars owing to creditors. The company had three directors, comprising of two non-resident directors and one Australian director (the accountant). Business went bad and the two non-resident directors absconded Australia and returned to their home country leaving the Australian director to "face the music"—and it's not a pretty song at all. The lesson is this case is quite simple. Do not become a director of your client's company. If you still choose to do so, understand the risks that will flow directly to you if things

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