Company Changing a Director - Need a Solicitor?
Company Changing a Director - Need a Solicitor?
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Discussion

Jamp

Original Poster:

212 posts

166 months

Monday 14th May 2018
quotequote all
I am taking on a director position in a business which owns the freehold for and manages a block of flats. The co-owners all own flats in the block, as does a relative of mine, but he has become disabled so I manage the property for him and hence am taking on the directorship (but not the ownership).

The effective MD of the company wants us to use a solicitor for the resignation and appointment of directors. To me it looks very straightforward to do the Companies House form DIY and not pay the lawyer for old rope. https://www.gov.uk/government/collections/change-d...

Am I over simplifying things? I've no experience as a director, though plenty of bitter experience as a flat leaseholder trying to set up such a company.

Europa1

10,923 posts

218 months

Monday 14th May 2018
quotequote all
The forms are straightforward and don't need a solicitor. However, it's usual to have a board minute recording resignations and appointments, get a resignation letter from the director standing down (in which they confirm they have no outstanding claims against the company), and the company books will need updating to record the change - it's the these other bits I expect the lawyer is wanted for. Beaar in mind this sort of stuff may be looked at when someone wants to sell their flat.

Oh, and have you checked that the company has directors' and officers' insurance? What do its accounts look like?

Bear in mind that as director, the buck stops with you.

bramley

1,692 posts

238 months

Monday 14th May 2018
quotequote all
My accountant did everything for me. Handed me a load of forms to sign including minutes from meeting.

Jamp

Original Poster:

212 posts

166 months

Thursday 17th May 2018
quotequote all
Many thanks for the replies. I've agreed to set the solicitor on and will take the advice on checking the insurance status and accounts. The accounts I've seen to date are not comprehensive.

Eric Mc

125,770 posts

295 months

Thursday 17th May 2018
quotequote all
Does an accountant handle the company accounts?

Accounts for flat management companies are supposed to conform with certain rules and disclosures.