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Post Info TOPIC: No directors


Guru

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No directors
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What's the position of a company that has no directors/company secretary? I thought that legally there had to be a director?

(Clients.....sigh)



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Jenny

 

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Senior Member

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There does!! What has company house got in their records? They won't accept the resignation of the final director without a new appointment form (as far as I'm aware!!)

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Guru

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Amazingly both forms have been accepted and essentially there is now a gap of 16 months where the company is directorless!

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Jenny

 

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Forum Moderator & Expert

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Actually, it is sort of possible for a company to have no directors if everyone resigns or is banned from acting as a director... However companies house will strike it off during one of their semi regular cleanup excercises as a company must have a director.

Some directors believe that if they resign then they cease to have any responsibility for their actions. That is not true. The director is responsible for their actions whilst they were in charge of the company and the fact that they are not now is no escape.

What will happen next to your client is that they will find their bank accounts frozen, their company non existant and HMRC camped on their doorstep.

Maybe time to wave a 288a at your client?

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Shaun

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I think waving a big stick would be more effective. This is turning into a minefield. Thanks.

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Jenny

 

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I think it's also quite likely that whoever was appearing to run the business, assuming it's still trading, could be deemed to be a "shadow director" and therefore held accountable. I'm sure you know that it's no longer a legal requirement to have a company secretary though.

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Tony

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gbm


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Good stuff eh?

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Regards,
Nick

Website: www.gbmaccounts.co.uk
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Guru

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Hi Tony, yes I do know that, was just really saying that they don't have either. Shadow director - hadn't thought about that, that's a good (and relevent) point!

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Jenny

 

Responses are my opinion based on the information provided.  All information should be thoroughly checked before being relied on.

 



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Hi Jenny,

When I re-read your post, I realised you'd already made the point about the Co-sec.

Sorry about that


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Tony

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Guru

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smile No worries



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Jenny

 

Responses are my opinion based on the information provided.  All information should be thoroughly checked before being relied on.

 

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