HBG, Independent Directors Sacked

weststigers said:
They're a non-profit. Every organisation in Australia is registered under the federal Corporations Act legislation. HBG is registered under a non-profit, no share capital model. Different to Wests Tigers Pty Ltd which is a for profit company.

ASIC has a minor role in non-profit administration compared to for profit companies. Directors duties are more narrow.

Clubs are regulated at the state level by Liquor & Gaming.
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There is no exemption from directors’ duties just because they are a club or non-profit. FACT.
lol - just google -- "Are directors of non profits subject to ASIC in Australia"
Anyway it's fine.
You don't have to write in.
But don't cloud fact with fiction.
My lawyer has already drafted the letter and it's been used.
To be honest it sounds like you're protecting HBG directors for some reason.

The Holman Barnes Group (Western Suburbs Leagues Club Limited), which has ABN 69 000 154 736, is a registered company with the Australian Securities and Investments Commission (ASIC),

ASIC Registration (Company): As a company, the Holman Barnes Group is required to be registered with ASIC under the Corporations Act 2001. You can find their company details (ACN 000 154 736) on the ASIC registers via the ABN Lookup website.


ASIC regulates all companies limited by guarantee, including non-profits like HBG’s entities.
ASIC states explicitly that directors of non-profit companies have “the same legal duties and responsibilities as directors of other companies” — including s180, s181, s182, s183 and s191.
Liquor & Gaming NSW regulates club operations, but it does not replace or diminish ASIC’s jurisdiction over directors’ duties, misuse of position, conflicts of interest, or governance decisions causing corporate harm.


ASIC action against non-profit directors is common. The duties are not narrower — they are exactly the same under the Corporations Act.
 
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innsaneink said:
Did you listen to this pod?
This bloke reckons its good way...
Click to expand...
I don't know what to say other than he's frustrated and clutching. Gary was too polite to correct him.

ASIC can only intervene in very serious circumstances. Think trading while insolvent, fiduciary duties, fraud etc. Incompetence and infighting can't be investigated by ASIC...it's somewhat normal and expected that company infighting will occur between partners.

If we stop and think for a second, ASIC does not issue club licences...Liquor & Gaming does. They are the one responsible for regulating those licensees. Not ASIC.

Not sure what he's smoking, but it's obviously a strong batch.
 
Tom Shines said:
I suggest you are the one sooking big boy …

If “none of this matters” why are you here in the middle of the offseason multiple times a day?
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I’m not. I check to see what’s going on at night.
For a week and a half the crap being said on here has been very entertaining.
People carrying on like the world was ending.
I find it interesting.
 
Wtiga said:
There is no exemption from directors’ duties just because they are a club or non-profit. FACT.
lol - just google -- "Are directors of non profits subject to ASIC in Australia"
Anyway it's fine.
You don't have to write in.
But don't cloud fact with fiction.
My lawyer has already drafted the letter and it's been used.
To be honest it sounds like you're protecting HBG directors for some reason.
Click to expand...
I didn't say they were exempt. I said their duties are narrower and they are regulated by a different body.

I didn't mean to upset you. I simply asked under what ground do you think ASIC can intervene over the top of Liquor & Gaming?

What law did they break?
 
Tucker said:
I’m not. I check to see what’s going on at night.
For a week and a half the crap being said on here has been very entertaining.
People carrying on like the world was ending.
I find it interesting.
Click to expand...

Nice …although shouldn’t you go somewhere else to talk about the millions displaced and dying in those wars … the stuff that matters ?
 
Tucker said:
I’m not. I check to see what’s going on at night.
For a week and a half the crap being said on here has been very entertaining.
People carrying on like the world was ending.
I find it interesting.
Click to expand...
worlds not ending but in a rugby league sense, on a rugby league forum, our position as a club is unprecedented. So not something to be taken lightly in my humble opinion. Obviously others agree.
 
weststigers said:
I don't know what to say other than he's frustrated and clutching. Gary was too polite to correct him.

ASIC can only intervene in very serious circumstances. Think trading while insolvent, fiduciary duties, fraud etc. Incompetence and infighting can't be investigated by ASIC...it's somewhat normal and expected that company infighting will occur between partners.

If we stop and think for a second, ASIC does not issue club licences...Liquor & Gaming does. They are the one responsible for regulating those licensees. Not ASIC.

Not sure what he's smoking, but it's obviously a strong batch.
Click to expand...
ASIC regulates all companies limited by guarantee, including non-profits like HBG’s entities.
ASIC states explicitly that directors of non-profit companies have “the same legal duties and responsibilities as directors of other companies” — including s180, s181, s182, s183 and s191.
Liquor & Gaming NSW regulates club operations, but it does not replace or diminish ASIC’s jurisdiction over directors’ duties, misuse of position, conflicts of interest, or governance decisions causing corporate harm.


ASIC action against non-profit directors is common. The duties are not narrower — they are exactly the same under the Corporations Act.

ASIC has real, serious powers if it finds a breach of directors’ duties — and these powers apply equally to companies limited by guarantee (like HBG’s clubs) as they do to for-profit companies.

What ASIC can do if they find a breach​


Here’s the clean version:


✔ Disqualify HBG directors (ban from all boards)​


✔ Impose civil penalties​


✔ Order compensation​


✔ Enforce governance reforms​


✔ Appoint investigators/examiners​


✔ Refer to Liquor & Gaming NSW​


✔ Refer to NRL or Police where relevant​


And they do use these powers — especially with clubs and charities.
 
BAGNF05 said:
worlds not ending but in a rugby league sense, on a rugby league forum, our position as a club is unprecedented. So not something to be taken lightly in my humble opinion. Obviously others agree.
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Fair enough, but as others have said, wait and see what happens before jumping to the extreme negatives.
Winning games is what counts. The owners don’t matter. As long as the squad train hard and prepare well they’ll go alright this year despite all this stupid nonsense.
 
innsaneink said:
Did you listen to this pod?
This bloke reckons its good way...
Click to expand...

​

What ASIC can do if they find a breach​

✔ Disqualify HBG directors (ban from all boards)​

✔ Impose civil penalties​

✔ Order compensation​

✔ Enforce governance reforms​

✔ Appoint investigators/examiners​

✔ Refer to Liquor & Gaming NSW​

✔ Refer to NRL or Police where relevant​


And they do use these powers — especially with clubs and charities.
 
Wtiga said:
ASIC regulates all companies limited by guarantee, including non-profits like HBG’s entities.
ASIC states explicitly that directors of non-profit companies have “the same legal duties and responsibilities as directors of other companies” — including s180, s181, s182, s183 and s191.
Liquor & Gaming NSW regulates club operations, but it does not replace or diminish ASIC’s jurisdiction over directors’ duties, misuse of position, conflicts of interest, or governance decisions causing corporate harm.


ASIC action against non-profit directors is common. The duties are not narrower — they are exactly the same under the Corporations Act.

ASIC has real, serious powers if it finds a breach of directors’ duties — and these powers apply equally to companies limited by guarantee (like HBG’s clubs) as they do to for-profit companies.

What ASIC can do if they find a breach​


Here’s the clean version:


✔ Disqualify HBG directors (ban from all boards)​


✔ Impose civil penalties​


✔ Order compensation​


✔ Enforce governance reforms​


✔ Appoint investigators/examiners​


✔ Refer to Liquor & Gaming NSW​


✔ Refer to NRL or Police where relevant​


And they do use these powers — especially with clubs and charities.
Click to expand...
Ok so let me grant you a world where ASIC is the sole interventionist for all clubs in Australia.

For the sake of argument, you've copy and pasted some AI, but you haven't identified which regulation they have breached to justify ASIC intervention.

That's what I want to know.
 
weststigers said:
Ok so let me grant you a world where ASIC is the sole interventionist for all clubs in Australia.

For the sake of argument, you've copy and pasted some AI, but you haven't identified which regulation they have breached to justify ASIC intervention.

That's what I want to know.
Click to expand...
Thats what asics are there to look for
 
weststigers said:
Ok so let me grant you a world where ASIC is the sole interventionist for all clubs is Australia.

For the sake of argument, you've copy and pasted some AI, but you haven't identified which regulation they have breached to justify ASIC intervention.

That's what I want to know.
Click to expand...
Mate - they intervene when directors breach there duties.
That's it.
Just because its a club, a business, a for profit.
They are not sole interventionist - i never said that.
I sait it is another angle for fans to use.
Directors have duties under Australian Law.
They have to protect and enhance the value of the entity they represent.
ASIC will determine if directors have breached.
If they have they fine them and suspend them.
 
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