Section 200J — Corporations Act 2001 (Cth)

(1) If an entity (the giver) contravenes section 200B by giving a benefit to a person (the recipient), then the amount of the benefit, or the money value of the benefit if it is not a payment:

(a) is taken to be received by the recipient on trust for the giver; and

(b) must be immediately repaid by the recipient to the giver.

(1A) An amount repayable under subsection (1) to the giver:

(a) is a debt due to the giver; and

(b) may be recovered by the giver in a court of competent jurisdiction.

(2) Subsection (1) applies to the whole of the amount of a payment or of the money value of the benefit even though giving the benefit would not have contravened section 200B if that amount or value of the benefit had been less.

Related sections

• s 200F — Exempt benefits and benefits given in certain circumstances
• s 200G — Genuine payments of pension and lump sum
• s 200H — Benefits required by law
• s 201A — Minimum number of directors
• s 201B — Who can be a director
• s 201D — Consent to act as director

Research how courts apply s 200J

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