FAQs

RISK PROTECTOR

Your First Line of Defence Against Director Liability, ATO Enforcement and Asset Exposure

FREQUENTLY ASKED QUESTIONS

Everything you need to know about Risk Protector, the A13 assessment, and how we help Australian directors protect what they have built

admin@riskprotector.com.au  |  +61466708100  |  www.riskprotector.com.au  |  ABN 71 696 228 770

ABOUT RISK PROTECTOR

1

What is Risk Protector and what does it actually do?

Risk Protector is a specialist structural advisory consultancy. We work privately with company directors to identify and address the structural vulnerabilities that expose them to personal liability , Director Penalty Notices, personal guarantee enforcement, ATO action and asset exposure. We are not accountants or lawyers. We work in the space between what your existing advisers do and what actually needs to happen to protect your personal position.

2

Who is Risk Protector for , what type of director or business owner needs this?

Any Australian company director who operates through a company, trust or both , particularly those who have signed personal guarantees, have ATO obligations, hold assets they want to protect, or are facing financial pressure of any kind. If you are a director and you have never had a formal structural assessment of your personal exposure, Risk Protector was built for you.

3

Are you lawyers or accountants?

No. Risk Protector operates as a specialist structural advisory service. We are not licensed to provide legal or financial advice and we do not. What we provide is strategic structural insight , the kind of forensic overview of your complete position that no single professional adviser typically delivers. We work alongside your existing legal and accounting team, not in place of them.

4

Where are you based and do you work with clients outside Queensland?

We are based in Brisbane, Queensland. We work with directors across Australia. Most of our work is conducted privately and remotely , location is not a barrier.

5

How long has Risk Protector been operating?

Risk Protector is built on more than 50 years of combined business experience, including direct personal experience with ATO enforcement, Director Penalty Notices, ASX listings and capital raising at scale. The principals have operated in this space for decades. Risk Protector is the formal structure through which that experience is now delivered.

THE A13 STRUCTURAL EXPOSURE ASSESSMENT

6

What is the A13 Structural Exposure Assessment?

The A13 is a 13-point forensic structural assessment form that maps your complete director exposure position , your entity structure, trust integrity, personal guarantees, ATO obligations, director liability and asset protection. It identifies what your structural problems are. It is the starting point for every engagement with Risk Protector , and it is completely free.

7

Why is the A13 free , what is the catch?

No catch. We have been where many directors find themselves , not knowing what to do, when to act, or where to find straight answers without textbook jargon and high professional fees. Every director deserves to know their real exposure before paying anyone anything. The A13 tells you what your structural problems are and gives you everything you need to understand what requires fixing and how. If you want us to handle the full process , strategy, documentation and follow-

8

How do I get the A13 assessment?

Visit www.riskprotector.com.au and click the GET MY FREE A13 ASSESSMENT button. We send the form directly to you. You complete it at your own pace and return it to us. No obligation, no cost, absolute discretion.

9

How long does the A13 take to complete?

Most directors complete it in 20 to 30 minutes. It is designed to be straightforward , plain language questions about your structure, obligations and personal position. You do not need your accountant present to complete it, though you may want to have some basic records nearby

10

What happens after I submit my completed A13?

We review your completed A13 and contact you to discuss the findings. If structural problems are identified , and in most cases they are , we outline exactly what those problems are and what a solution strategy looks like. If you want us to handle the full process , strategy, documentation and follow-through alongside your existing professionals , we are happy to quote on any additional work before we proceed. There is no pressure and no obligation at any point.

➜  Start with the free A13 , visit www.riskprotector.com.au and click GET MY FREE A13 ASSESSMENT.

THE SERVICE

11

What does the paid service include?

The paid service is the detailed solution strategy, document preparation and mentoring that follows the A13 findings. It is tailored to your specific structural situation. Depending on what the A13 reveals, this may include structural remediation strategy, document preparation, personal liability management, ATO engagement strategy, trust review and asset protection planning , all delivered privately and discretely.

12

Is everything confidential?

Absolutely. Everything discussed with Risk Protector is treated with complete discretion. We operate privately by design. We do not advertise our clients, we do not disclose engagement details, and we work in what we call shadow mode , strategic insight delivered quietly, without drawing attention to your situation.

13

Do you work with my existing accountant and solicitor?

Yes , and we recommend it. Risk Protector provides the structural overview and solution strategy. Your accountant and solicitor then execute within their areas of expertise, fully briefed on the complete picture. In most cases our involvement makes your existing advisers more effective , because they finally have the full structural context to work from.

14

How quickly can you get started once I engage you?

Quickly. Once the A13 is reviewed and you decide to proceed, we move without delay. Director liability situations are time-sensitive and we treat them that way. We do not have waiting lists , when a director needs help, the clock is already running.

DIRECTOR LIABILITY & RISK

15

What is a Director Penalty Notice and why should I be concerned?

A Director Penalty Notice is a formal ATO notice that makes you personally liable , as a director , for your company’s unpaid PAYG withholding or superannuation guarantee obligations. Once issued, your personal assets are directly at risk. The DPN is one of the fastest pathways from a company problem to a personal crisis. Most directors do not know a DPN is coming until it arrives.

➜  Get a free A13 to find out if you are currently exposed to DPN liability.

16

Can the ATO come after me personally for my company's debts?

Yes , in specific circumstances. The ATO can issue Director Penalty Notices for unpaid PAYG withholding and superannuation guarantee obligations, making you personally liable regardless of the company’s structure. The limited liability of your company does not protect you from DPN exposure. This is one of the most misunderstood risks in Australian business.

➜  Get a free A13 to assess your current personal ATO exposure.

17

Does having a family trust automatically protect my assets?

No. A trust that has not been set up correctly, administered consistently, documented properly or reviewed recently may provide far less protection than you assume , and in some cases, none at all. Outdated trust deeds, incorrect distribution resolutions, undocumented unpaid present entitlements and inadequate trustee structures are all exploited by creditors and the ATO to reach assets inside trusts.

➜  Get a free A13 to assess whether your trust is actually protecting you.

18

I signed a personal guarantee years ago , should I be worried?

Potentially yes. Personal guarantees do not expire, do not terminate when you resign as director, and can be called at any time the creditor chooses. An unlimited guarantee signed for one facility may have grown to cover all present and future obligations with that lender. If you cannot recall the exact scope of every guarantee you hold, that uncertainty is itself a risk.

➜  Get a free A13 to map your complete personal guarantee exposure.

19

My accountant handles everything, why do I need Risk Protector as well?

Your accountant and solicitor are skilled professionals but they operate within the boundaries of their licence and mandate. That boundary is precisely where their usefulness ends. There are no street-smart solutions available from a licensed professional in an open conversation. What a master businessman privately considers for themselves can be the complete opposite of what they are permitted to advise you. They are bound. We are not. Risk Protector tells you how a street-smart business operator would actually handle your situation, the strategies and insights you will never hear from your accountant or solicitor across a desk. That is the gap we fill.

SITUATIONS & URGENCY

20

I have just received a letter from the ATO , what should I do first?

Read the entire letter carefully and do not respond to the ATO yet. Identify what obligation it relates to, whether there is a deadline, and whether it uses enforcement language. Not all ATO letters are equal , some are routine, others are the opening move in a formal enforcement sequence. The most common and most costly mistake is responding informally before understanding what the letter actually signals.

➜  See Tool 31 , ATO Letter Situation Guide, or get a free A13 before briefing any adviser.

21

My business is under cash flow pressure , is it too late to protect myself?

In most cases it is not too late , but the window narrows quickly. The options available to a director who acts at the first sign of cash flow stress are significantly better than those available to one who waits for enforcement. Cash flow pressure is a warning. How you respond to it in the next few weeks determines how much of your personal position can be protected.

➜  Get a free A13 now , do not wait for the situation to worsen before understanding your exposure.

22

I am thinking of resigning as a director , will that protect me?

Not automatically , and in some cases resignation makes things worse. Director liability for PAYG withholding and superannuation obligations is assessed at the date those obligations fell due , not at your resignation date. Resigning after those obligations existed provides no protection from DPN liability. In some circumstances, resignation triggers immediate enforcement of obligations that were previously manageable.

➜  See Tool 19 , Director Resignation First Response Plan. Get a free A13 before signing anything.

23

A creditor has threatened legal action , how serious is that?

It depends entirely on the type of threat, who sent it, what stage the relationship is at, and whether a personal guarantee is involved. A verbal threat from a frustrated creditor is different from a letter before action from their solicitor. A Statutory Demand is different again , and triggers deemed insolvency in 21 days if not resolved. The threat needs to be read correctly before it can be managed correctly.

➜  See Tool 33 , Creditor Threat Urgency Guide, or get a free A13 to understand your full exposure.

24

I think my business might be insolvent , what do I do right now?

Stop incurring new debts immediately until you know the true position. Every new liability incurred while the company is insolvent is a potential personal liability for you as a director under Section 588G of the Corporations Act. Get an accurate cash position today , not an estimate, actual figures. Then get a structural assessment of your complete personal exposure before instructing any adviser to act.

➜  See Tool 17 , Potential Insolvency First Response Plan. Get a free A13 before anyone acts on your behalf.

STILL HAVE QUESTIONS , OR READY TO FIND OUT WHERE YOU STAND?

The fastest way to get clarity on your specific situation is the free A13 Structural Exposure Assessment. It maps your complete director exposure across every area that matters , structure, ATO position, personal guarantees, asset protection and director liability , in one place, at no cost, with complete discretion.

The Risk Protector A13 Structural Exposure Assessment

Free. Confidential. The only forensic structural assessment of its kind available to Australian directors.

Everything you need to know about Risk Protector, the A13 assessment, and how we help Australian directors protect what they have built

Visit www.riskprotector.com.au and click the GET MY FREE A13 ASSESSMENT button.

No obligation. No cost. Absolute discretion.

Risk Protector Pty Ltd  |  ABN 71 696 228 770  |  +61466708100  |  www.riskprotector.com.au

Risk Protector Pty Ltd provides strategic advisory services only. Not legal or financial advice. Covered by $50M Professional Indemnity Insurance.

© Risk Protector Pty Ltd 2025. All rights reserved. ABN 71 696 228 770. admin@riskprotector.com.au  |  +61466708100  |  www.riskprotector.com.au