Successor Directors

Keep the company operating if a director dies or loses capacity—so banking, payroll and contracts continue without chaos.

What it is

Single-director companies and trustee structures face a hidden vulnerability: if the sole director dies or loses capacity, the company can freeze. Banking access stops, payroll halts, and suppliers go unpaid—even if family members hold powers of attorney.

Successor and alternate director provisions preserve control by ensuring the right person can step in immediately. These mechanisms align with your constitution and board minutes, creating clear authority that banks and ASIC recognise.

When to use

  • Single-director companies and trustee companies.
  • Regular payroll and supplier obligations.
  • Directors with health concerns, frequent travel, or complex family dynamics.

Risks to consider

  • Constitution gaps that don't allow clear successor or alternate powers.
  • Banking delays while ASIC records catch up to who is actually in charge.
  • Confusion between personal powers of attorney and company control.

How we implement successor director structures

01

Snapshot

We review your constitutions, ASIC records, bank mandates and existing authorities to identify single points of failure and control gaps.

02

Legal briefing

We define the preferred succession settings—who steps in, under what conditions, and how this aligns with your broader estate and control plan.

03

Drafting via LY Legal

LY Legal prepares constitution updates, board minutes, resolutions and any required appointment or resignation documents on fixed fees where possible.

04

Execution & filings

We coordinate director appointments, ASIC lodgements and bank mandate changes so that successor directors can act when required.

05

Handover

You receive an updated Control Register and a plain-English summary of who can act for each company under normal and contingency scenarios.