F
fred_bloggs
- Original Poster
- #1
Nasty problem here: I am / was the only exec director of each of a group of companies (each SMEs). Ive just been declared bankrupt. The other director of each of the group members is a non-exec and has been involved in general advisory work but not the day-to-day running and in particular has no intimate knowledge of some of the operating systems for statutory record keeping for example.
I must step down (CDDA s.11(1)) but he is neither inclined nor wants to step up and has filed his resignation anyway. None of the group members have been trading but two have assets which are up for disposal.
For the purposes of these questions I am putting aside the possibility of me seeking leave from the Court to act.
So here goes:
(1) As I must stand down (and must have assumed that Ive stood down at the moment the bankruptsy order was made) can the non-exec actually resign or is he statute-blocked?
(2) if he manages to get a 288(2) in first, how does that stand when I file my 288(2)..... (oops)
(3) we use on-line filing at companies house (I am also co secretary) - so does using the online service by me to file my 288(2) constitute "acting on behalf of the company" (and thus a violation of CDDA s.11(1) if it is done without a board resolution?
Finally:
(4) If I am intending to make application for leave to act, is that a good reason to not file a 288(2) in the meantime and avoid doing anything "director-like" (noting that "acting as - ie actually doing things" and "being" are two distinct things)?
... and I post these questions here becuase we have no money to ask a lawyer....
... and Im due to ask these of the OR but I havent got to him yet and its stressing out the non-exec.
Thanks everyone.
I must step down (CDDA s.11(1)) but he is neither inclined nor wants to step up and has filed his resignation anyway. None of the group members have been trading but two have assets which are up for disposal.
For the purposes of these questions I am putting aside the possibility of me seeking leave from the Court to act.
So here goes:
(1) As I must stand down (and must have assumed that Ive stood down at the moment the bankruptsy order was made) can the non-exec actually resign or is he statute-blocked?
(2) if he manages to get a 288(2) in first, how does that stand when I file my 288(2)..... (oops)
(3) we use on-line filing at companies house (I am also co secretary) - so does using the online service by me to file my 288(2) constitute "acting on behalf of the company" (and thus a violation of CDDA s.11(1) if it is done without a board resolution?
Finally:
(4) If I am intending to make application for leave to act, is that a good reason to not file a 288(2) in the meantime and avoid doing anything "director-like" (noting that "acting as - ie actually doing things" and "being" are two distinct things)?
... and I post these questions here becuase we have no money to ask a lawyer....
... and Im due to ask these of the OR but I havent got to him yet and its stressing out the non-exec.
Thanks everyone.
