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company director/ secretary

a quick question......I'm a company director, which I will have to give up if I go bankrupt, but can I be named as company secretary?

doing a straight switch, she become CD I become CS

thanks Henry

Comments

  • JCS1
    JCS1 Posts: 5,336 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    No longer a requirement to have a Co Sec, unless the articles of the Company state that there must be one.
  • debtinfo
    debtinfo Posts: 7,012 Forumite
    Hi Lattelover, you cannot be the company secretary, you also can not be involved in the promotion, formation or management of a ltd company. That means that you cannot just have a director in nam only take over you cannot do any of the duties of running the company
    Hi, im Debtinfo, i am an ex insolvency examiner and over the years have personally dealt with thousands of bankruptcy cases.
    Please note that any views i put forth are not those of my former employer The Insolvency Service and do not constitute professional advice, you should always seek professional advice before entering insolvency proceedings.
  • debtinfo, I must say I have been reading everything I can about ltd companies and bankruptcy and never had I seen the info you have just given, I'm not doubting you but could you say where this info comes from,

    thanks henry
  • So_Sad_Angel
    So_Sad_Angel Posts: 7,363 Forumite
    Hiya....this may clarify things for you Henry.

    http://www.company-formation-agent.com/html/company_secretary_.html

    Angiexx
  • debtinfo
    debtinfo Posts: 7,012 Forumite
    Hi lattelover, this is the section of the Insolvency service technical manual

    25.17 Promotion, formation and management of a company
    It is an offence for an undischarged bankrupt to act as a director of, or directly or indirectly take part in or be concerned in the promotion, formation or management of a company, except with the leave of court. URL="http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/Ch25-36/Chapter25/part1/Part%201%20notes.htm#17"]Note 17[/URL
    If a company has adopted Table A as its articles of association, a director is obliged to vacate office if he/she becomes bankrupt or makes any arrangement or composition with his/her creditors generally
    Hi, im Debtinfo, i am an ex insolvency examiner and over the years have personally dealt with thousands of bankruptcy cases.
    Please note that any views i put forth are not those of my former employer The Insolvency Service and do not constitute professional advice, you should always seek professional advice before entering insolvency proceedings.
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