🇦🇺Australia

Invalid Resolution Opportunity Costs

3 verified sources

Definition

Holding companies without AGMs rely on board resolutions for key decisions (capital raises, borrowings). Failed resolutions due to procedural errors cause delays in executing governance actions.

Key Findings

  • Financial Impact: 20-40 hours/director per failed resolution cycle (at AUD 250/hr professional rate = AUD 5,000-10,000)
  • Frequency: Monthly board cycles for active holding companies
  • Root Cause: Manual scheduling conflicts and lack of circulating resolution procedures

Why This Matters

The Pitch: Holding companies lose 20-40 hours/month rescheduling failed board meetings. Digital resolution platforms enable instant circulating resolutions without meetings.

Affected Stakeholders

Directors, CFO, Company Secretary

Deep Analysis (Premium)

Financial Impact

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Current Workarounds

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Methodology & Sources

Data collected via OSINT from regulatory filings, industry audits, and verified case studies.

Evidence Sources:

Related Business Risks

ASIC Late Lodgement Penalties

AUD 93 per late lodgement + AUD 9.30/day thereafter (ASIC penalty units as of 2024/25)

Director Duty Breach Fines

AUD 1,110,000 max civil penalty per director per breach (2024/25 penalty unit x 1,000)

Suboptimal Capital Allocation Fines

AUD 100,000-AUD 1M+ per insolvent trading claim; 40 hours/month manual oversight

ASIC Registration & Reporting Failures

AUD 2,200+ late fees per form; AUD 10,000-AUD 50,000 audit remediation

CEDS Non-Compliance Penalties

AUD 50,000+ civil penalties per breach; 20-50 additional audit hours per report

Strafzinsen und steuerliche Fehlbehandlung von Cash-Pooling-Zinsen

Quantified (logic-based): 1% interest mispricing on AUD 100m intra‑group cash pool = AUD 1m additional taxable income; with 30% corporate tax rate = AUD 300k extra tax plus 25–50% penalties (AUD 75k–150k) and ~8–10% p.a. interest over 3 years (~AUD 75k–90k). Total potential loss: ~AUD 450k–540k per ATO audit cycle.

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