Resolving problems
Running a corporation is not always easy. Sometimes things go wrong. These processes and procedures can help resolve problems and get the best outcomes for the corporation and the community.
Complaints about corporations
Sometimes a complaint can be resolved between the corporation and the complainant. If this isn’t possible, you might lodge a formal complaint with ORIC.
Corporations should have policies and procedures to handle complaints quickly and smoothly.
Learn more about making and handling complaints about corporations.
Disputes about governance
A dispute is a disagreement between people about how to run a corporation (its governance).
Corporations must have a dispute process written in the rule book.
A dispute needs to be resolved internally. During a dispute, ORIC may be able to:
- give an opinion or advice
- facilitate a meeting
- attend a corporation meeting.
Find out more about resolving disputes.
Compliance notices
The Registrar can issue a compliance notice requiring a corporation to fix something. The notice gives the corporation information on what’s going wrong and how to resolve it.
Learn more about compliance notices.
Special administration
When a corporation is having major financial or organisational problems, the Registrar can appoint a special administrator. The special administrator is an independent and qualified person who takes over the directors’ role.
Being placed under special administration can help the corporation get back to financial and organisational health.
Find out more about special administration.
Insolvency
An insolvent corporation is one that can’t pay its debts as and when they fall due. If the directors know or have good reasons to believe the corporation is insolvent, they must take action.
Action can include:
- asking the Registrar to appoint a special administrator
- going into voluntary administration
- receivership
- small business restructuring
- winding up.
Directors should speak to the corporation’s accountant or another financial professional before taking any of these steps.