We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

No active directors

Options
What happens when a company has no active directors? They are in breach I believe, so are they struck off? How does it get to this point? Thanks

Comments

  • Penguin_
    Penguin_ Posts: 1,584 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper
    Companies House will give them a deadline to appoint a new director, or directors, & if they don't adhere to the deadline the company will be struck off.
  • Ok thanks. Is that a ploy by a company to get struck off without having to pay IP to liquidate? 
  • What happens when a company has no active directors? They are in breach I believe, so are they struck off? How does it get to this point? Thanks
    What happened to the former director? I don't think you can just resign if you are the sole director of a company. 

    Who are the shareholders? 

    If a director isn't appointed then I think they could potentially have some serious consequences. Especially if they were trying to get around liquidation I would imagine.
  • DullGreyGuy
    DullGreyGuy Posts: 18,392 Forumite
    10,000 Posts Second Anniversary Name Dropper
    edited 10 February 2023 at 4:48PM
    Ok thanks. Is that a ploy by a company to get struck off without having to pay IP to liquidate? 
    The winding up notice would be published in the Gazette and certainly any corporate creditors would object to the winding up due to outstanding monies owed 

    Not an expert on the inner workings of companies house but would be surprised if they'd simply allow the last director to resign though obviously there can be other route out like if they have died
  • What happens when a company has no active directors? They are in breach I believe, so are they struck off? How does it get to this point? Thanks
    What happened to the former director? I don't think you can just resign if you are the sole director of a company. 

    Who are the shareholders? 

    If a director isn't appointed then I think they could potentially have some serious consequences. Especially if they were trying to get around liquidation I would imagine.
    I didn’t think you could either but I occasionally come across it on CH and wonder how its happened. 
  • Apparently yes you can resign according to a quick Google but then the shareholders have to appoint someone else (given that in most small companies the directors are the shareholders I don't think this really would get you out of anything legally). So it then comes back to who are the shareholders of the company I guess. 
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 350.8K Banking & Borrowing
  • 253K Reduce Debt & Boost Income
  • 453.4K Spending & Discounts
  • 243.7K Work, Benefits & Business
  • 598.5K Mortgages, Homes & Bills
  • 176.8K Life & Family
  • 257K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.