Section 198D — Corporations Act 2001 (Cth)

(1) Unless the company’s constitution provides otherwise, the directors of a company may delegate any of their powers to:

(a) a committee of directors; or

(b) a director; or

(c) an employee of the company; or

(d) any other person.

Note 1: The delegation must be recorded in the company’s minute book (see section 251A).

Note 2: If the company is a CCIV, section 1224L applies instead of this section.

(2) The delegate must exercise the powers delegated in accordance with any directions of the directors.

(3) The exercise of the power by the delegate is as effective as if the directors had exercised it.

Related sections

• s 198A — Powers of directors (replaceable rule—see section 135)
• s 198B — Negotiable instruments (replaceable rule—see section 135)
• s 198C — Managing director (replaceable rule—see section 135)
• s 198E — Single director/shareholder proprietary companies
• s 198F — Right of access to company books
• s 198G — Exercise of powers while company under external administration

Research how courts apply s 198D

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.