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Ltd Company 2 x Directors - Both Furloughed?

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Comments

  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 4 April 2020 at 2:50PM
    Hermann said:
    neilmcl said:
    Hermann said:
    From the guidance, as said change accountants....

    Company Directors

    As office holders, salaried company directors are eligible to be furloughed and receive support through this scheme. Company directors owe duties to their company which are set out in the Companies Act 2006. Where a company (acting through its board of directors) considers that it is in compliance with the statutory duties of one or more of its individual salaried directors, the board can decide that such directors should be furloughed. Where one or more individual directors’ furlough is so decided by the board, this should be formally adopted as a decision of the company, noted in the company records and communicated in writing to the director(s) concerned.

    Where furloughed directors need to carry out particular duties to fulfil the statutory obligations they owe to their company, they may do so provided they do no more than would reasonably be judged necessary for that purpose, for instance, they should not do work of a kind they would carry out in normal circumstances to generate commercial revenue or provides services to or on behalf of their company.

    This also applies to salaried individuals who are directors of their own personal service company (PSC).

    That guidance has only just been updated as of today.
    The consideration is whether the advice was entirely competent under the earlier guidance.
    Well prior to this latest guidance, and we don;t know how long they gave their advice, the accountant was largely correct.
  • sliphi
    sliphi Posts: 472 Forumite
    100 Posts Name Dropper
    edited 4 April 2020 at 3:24PM
    neilmcl said:
    Hermann said:
    neilmcl said:
    Hermann said:
    From the guidance, as said change accountants....

    Company Directors

    As office holders, salaried company directors are eligible to be furloughed and receive support through this scheme. Company directors owe duties to their company which are set out in the Companies Act 2006. Where a company (acting through its board of directors) considers that it is in compliance with the statutory duties of one or more of its individual salaried directors, the board can decide that such directors should be furloughed. Where one or more individual directors’ furlough is so decided by the board, this should be formally adopted as a decision of the company, noted in the company records and communicated in writing to the director(s) concerned.

    Where furloughed directors need to carry out particular duties to fulfil the statutory obligations they owe to their company, they may do so provided they do no more than would reasonably be judged necessary for that purpose, for instance, they should not do work of a kind they would carry out in normal circumstances to generate commercial revenue or provides services to or on behalf of their company.

    This also applies to salaried individuals who are directors of their own personal service company (PSC).

    That guidance has only just been updated as of today.
    The consideration is whether the advice was entirely competent under the earlier guidance.
    Well prior to this latest guidance, and we don;t know how long they gave their advice, the accountant was largely correct.
    No they were not, and even if they were, the OP had cause themselves to question it, else I would not have given the advice I did at the time.
    ... or perhaps you suggest I have the extraordinary benefit of prescience?

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