Share this content
6

Death of Sole Director, who can appoint new office

Didn't find your answer?

The sole director of a company died last week, and the company secretary had resigned a few weeks earlier.  Will it be necessary to have the Court approve the appointment of a new officers?

Thanks in advance of any contributions.

Replies (6)

Please login or register to join the discussion.

avatar
By stephenkendrew
26th Aug 2020 13:12

The shareholder(s) will need to appoint a new director.

If the deceased was the only shareholder, then it should be the executor(s) of his Will.

Thanks (1)
avatar
By paul.benny
26th Aug 2020 13:14

Directors are appointed by the shareholders. Who are the shareholders?

Thanks (0)
avatar
By Robert Hurn
26th Aug 2020 13:32

Sorry i should have nentioned that the director was the sole shareholder

Thanks (0)
Replying to bobhurn:
Hallerud at Easter
By DJKL
26th Aug 2020 13:38

So probate is required to enable his executors to exercise the power of being a shareholder.

Thanks (0)
avatar
By Molly Luther
26th Aug 2020 13:53

If the deceased was the sole director and shareholder then it would depend on the Companies Act, under the old act 1985/89 it will require a court order, but under the new 2006 Act the Act does allow for a personal representative to appoint a person to act as a Director ie the executors usually

Thanks (1)
avatar
By John R
27th Aug 2020 13:13

Are you sure that the director did not appoint his/her spouse or other beneficiary of the estate as director on his deathbed but the new director forgot to do the minutes? That would solve the problem.

Thanks (0)
Share this content

Related posts