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Discharging liability with ARO
Posted by shaunm on April 13, 2023 at 10:15 amHi, when discharging a liability with the ATO would your documents and fiduciary appointment be to the Commissioner or deputy Commissioner of the ATO.
Also if it is for a business would the PN be signed by you on behalf of the business as the director?
Thanks
michael-teo replied 1 year, 8 months ago 3 Members · 6 Replies -
6 Replies
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I would think that you appoint the CFO, who is currently Janine Bristow, as fiduciary.
You can sign the PN as yourself since anyone can discharge any debt, it doesn’t have to be the debtor.
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What I would like to know, though, is how do we sign on behalf of a company on other documents such as “Letter Of Appointment”, “Default & Liability”, “Notice Of Payment” etc.?
@morag-janet-of-the-hill-family might know this.
Can we still sign “All Rights Reserved” if signing as a director of a company? I would assume that “By <Your Name>, Director <Company name Pty Ltd>, All Rights Reserved” does not really separate the living man from the “Director”.
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All rights reserved means:
I reserve my right not to be compelled to perform under any contract, commercial agreement or bankruptcy that I did not enter knowingly , voluntarily , and intentionally . And furthermore, I do not and will not accept the liability of the compelled benefit of any unrevealed contract or commercial agreement or bankruptcy.”
We sign all documents this way (license, any agreements with the bank etc) and filled out a statutory declaration saying this;
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Thanks for that.
So when signing as the director of a company would we sign like this? :
By: <Your Name>
Director <Company Name Pty Ltd> (ATF <Trust name>)
All rights Reserved.
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This reply was modified 1 year, 8 months ago by
michael-teo.
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Think about how you would normally sign your name eg signature and underneath Company Director? So what you would now do is By: Signature
Sentence Case Name
All rights reserved
Company Director
That’s my suggestion.
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Thank you, Morag.
I know that Mark doesn’t like using companies but might ask his opinion on that one too when I get the chance.
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This reply was modified 1 year, 8 months ago by