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ARTICLE · 06 FEBRUARY 2018

Dispute resolution agenda: accessing company information

Cooper Grace Ward
Cooper Grace Ward
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Cooper Grace Ward

Cooper Grace Ward

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Legal mechanisms are available to access company information where misconduct is suspected and the company is refusing access.

AustraliaCorporate/Commercial Law
Rocco Russo
Rocco Russo
Graham Roberts
Graham Roberts
Miranda Klibbe
Miranda Klibbe
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Often private companies are collectively owned by families, friends or close business associates who, at incorporation, saw little need to enter into stakeholder agreements to provide them with access to company information.

However, if these relationships break down and there are suspicions of misconduct by the company, directors or officers, one of the first hurdles encountered is how to access company information to substantiate those concerns.

RIGHTS OF SHAREHOLDERS

There is no broad right for shareholders to obtain access to company information. However, the Corporations Act 2001 (Cth) does provide specified rights of access.

Constitution

As a starting point, shareholders are entitled to receive a copy of the company's constitution within seven days of a written request.1 The company may charge a small fee for this service.2

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