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Homepage Private Community Forums Discharging Liabilities (Debt) Discharging liability with ARO

  • Discharging liability with ARO

    Posted by shaunm on April 13, 2023 at 10:15 am

    Hi, 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
  • michael-teo

    Member
    October 5, 2023 at 2:34 pm

    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.

  • michael-teo

    Member
    October 5, 2023 at 4:49 pm

    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”.

    • morag-janet-of-the-hill-family

      Member
      October 5, 2023 at 5:03 pm

      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;

  • michael-teo

    Member
    October 5, 2023 at 5:29 pm

    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.

    • This reply was modified 1 year, 8 months ago by  michael-teo.
    • morag-janet-of-the-hill-family

      Member
      October 5, 2023 at 6:08 pm

      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.

      • michael-teo

        Member
        October 5, 2023 at 8:48 pm

        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.