Sep 01 2026
One of the most common questions from accountants when faced with a Liquidator's request for information about a client's affairs is what are my obligations and how much do I need to provide?
A Liquidator, once appointed, will try and obtain as much information about a company's affairs from its directors, however, ordinarily the company's accountant will also be in possession of important financial information and access to any cloud based software which holds critical historical accounting information.
Section 530B of the Corporations Act defines the Liquidator's rights to company's books. The term "books" is defined in Section 9 of the Corporations Act to include:
“a) a register
b) any other record of information
c) financial reports or financial records, however compiled, recorded or stored; and
d) a document...”
The above definition clearly includes financial statements, general ledgers, tax returns and supporting documentation, and source data both physical and digital.
The Liquidator will ordinarily request information in the accountant's possession by way of a Section 530B notice specifying which books are being sought and for what period and other financial information.
Accountants may have provided copies of financial statements and tax returns to the client company, however, should the company’s directors no longer have such documentation, it will still be an obligation of the accountant to provide the documentation to the Liquidator.
Any books technically owned by the client belong to the company and must be provided to the Liquidator on their request.
The accountant's working papers including file notes, analysis etc. belong to the accountant and do not technically fall within the definition of "books" and do not have to be provided. However, if these working papers include company information not available elsewhere, they will have to be provided upon the Liquidator's request.
Should there be any doubt in this regard, it may be prudent for the accountant to seek legal advice.
The obligation on the accountant to provide the information requested by the Liquidator remains, regardless of whether they have unpaid fees. Section 530B(1) of the Corporations Act specifies that an accountant is not entitled to retain possession of books of the company or claim or enforce a lien over those books against a Liquidator of a company.
Accountants have a legal obligation to provide books requested by a Liquidator. Non-compliance is a strict criminal offence which may be reported by the Liquidator to the Australian Securities and Investments Commission.
Liquidators will seek information about the company's affairs from all sources which may have such information, in order to carry out their duties as a Liquidator which includes investigating the company's affairs, realising assets, identifying claims and reporting to regulators and creditors.
Once the client company is in liquidation, the accountant has no further obligations in relation to the company other than to dealing with requests for information by a Liquidator e.g. attending to statutory lodgements, liaising with the Australian Taxation Office etc.