Our experienced team assist company directors, providing guidance, counsel and register oversight and processes
We will work with you at time of incorporation and during the lifetime of the company to ensure your board of directors remain effective and professional.
Company directors are legally responsible for running the company and must act in it’s best interests to promote its success. Although, they can accept advice, they have been appointed to use their own independent judgement, relevant knowledge, skill and experience to make final decisions.
Appointment of Company Directors
The first directors of a company are appointed by giving the proposed directors’ details in the application to register a new company at the Companies Registry. The company’s first directors are deemed to be appointed with effect from the date of incorporation of the company. After a company is incorporated, the company’s articles of association will govern the way in which directors are appointed. Depending on your requirements we can assist in drafting your company’s articles of association and focus on the provisions relating to the appointment of new directors.
The appointment of directors after incorporation should be notified to Companies House within 14 days of the date of appointment using their standard form which includes the following information:
- Name and any former name
- Residential address
- Business occupation (if any)
- Date of birth
The same details apply for the appointment of directors at the time of incorporation.
Retirement of Company Directors
It is less usual for a company to have articles with provisions relating to the retirement of directors, and we can assist you in the drafting of your articles of association to ensure this provision is covered. A director required to retire from office can (and, in practice, usually does) offer themselves for reappointment at the AGM. The provisions for retirement are, as such, a form of check and balance whereby the shareholders/members get to have a final say in the appointment of a director. Directors are usually then reappointed by the shareholders/members passing an ordinary resolution. Companies House must be notified within 14 days of the permanent retirement of a director taking effect.
Resignation of Company Directors
Subject to any specific provisions in the company’s articles of association or the director’s contract of employment, it is usual practice for directors to resign by way of a resignation letter addressed to the other directors of the company. The resignation of a director must be notified to Companies House within 14 days of it taking effect.