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FAQ
Corporate Offences FAQs
What are corporate offences?
Corporate offences involve illegal activities committed by companies, directors, or employees, including fraud, bribery, insider trading, and breaches of regulatory laws.
Who can be held liable for corporate offences?
Both companies and individuals such as directors, officers, and employees can be held responsible under corporate and criminal law.
What types of corporate offences are common in Victoria?
Common offences include fraud, false accounting, breaches of the Corporations Act, insider trading, market manipulation, and environmental law violations.
What should I do if my company is investigated for a corporate offence?
Seek immediate legal advice. A specialised corporate offences lawyer can help protect your business and personal interests throughout investigations and proceedings.
What penalties apply to corporate offences?
Penalties can include heavy fines, disqualification of directors, compensation orders, and imprisonment for individuals involved.
Can a company continue trading during an investigation?
Yes, but this depends on the nature of the investigation and any court orders. Legal advice is essential to navigate this period.
What is the role of the Australian Securities and Investments Commission (ASIC)?
ASIC enforces corporate laws, investigates breaches, and can initiate legal proceedings against companies and individuals.
Can whistleblowers protect themselves when reporting corporate offences?
Yes. Australian law provides protections for whistleblowers who report misconduct in good faith.
How long does a corporate offence investigation take?
The duration varies based on complexity and cooperation but can take several months or longer.
Why should I hire a specialised corporate offences lawyer?
Corporate offences are complex, with serious consequences. A specialised lawyer understands the laws, regulators, and how to build a strong defence or compliance strategy.