Liability for insolvent trading as an incorporated association

Can committee members be made liable?

Should we incorporate under the Associations Incorporation Act or the Corporations Act?

While incorporation under the Associations Incorporation Act 1981 (Qld) provides some limited liability for the members and committee members, committee members may still be liable for insolvent trading, breaches of fiduciary obligations and operations outside the scope of incorporation. In our experience incorporation under the Associations Incorporation Act is best suited for sporting clubs and other small associations and not large institutions or entities holding valuable assets.

Click here to find out more from our experienced Brisbane commercial lawyers about associations and companies limited by guarantee.

If you would like to know how our Commercial Lawyers in Herston can help you with all areas of incorporating your association or business or provide advice on the best corporate structure for your company, visit our website for more information or call us on 07 3252 0011.

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