Deceased Director & Secretary

Deceased Director & Secretary

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Our company has two directors but unfortunately one of them had a fatal accident at such a young age a few weeks back.
We are just recovering from the shock and realising that forms will need to be completed for the Revenue and Companies House. We have completed a deceased P45 and will need to remove as a director and secretary somehow.

Can anyone please advise of the form numbers that need completing and if it is ok just to leave one director for now?

Thank you for any help.

Colin

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David Winch
By David Winch
14th Feb 2008 16:22

Additional points

The form 288(b) needs to be signed by the remaining director.

The new secretary cannot be also the only remaining director. So either the company can continue with the one remaining director, call him X, and someone else, call him Y, as secretary - or if X wants to be secretary as well as director then you need to appoint X as secretary and Y as a director.

The result, whichever way you go, is that X is not the only director and the secretary (but there is no need to have more than one director).

The law about company secretaries is being changed but, I'm sorry, I don't know if the change has come into force yet, so I am telling you the old law.

All the forms you can get free from Companies House.

David

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By User deleted
14th Feb 2008 15:45

Sorry to hear that
Form 288(b) resignation should be done and both boxes should be ticked for director & secretary, then fill in form 288(a) to appoint new secretary, and this should be signed by both the new secretary and the existing director.

Sorry if that doesn't make sense I'm on my third Guiness

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Euan's picture
By Euan MacLennan
15th Feb 2008 10:03

Company secretary
S.270(1) CA 2006, which abolishes the need to have a company secretary, is due to come into effect on 6th April 2008.

It is less than 2 months to go - Companies House are unlikely to notice if you fail to appoint another secretary in the meantime.

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By AnonymousUser
15th Feb 2008 08:21

Thank you for your comments you have helped answer all our questions.

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