Q&As

Where a company has made an application to strike off a dormant company which has been published in the Gazette, can a director of that company resign from his position as a director without affecting the strike off application?

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Published on LexisPSL on 03/05/2016

The following Corporate Q&A provides comprehensive and up to date legal information covering:

  • Where a company has made an application to strike off a dormant company which has been published in the Gazette, can a director of that company resign from his position as a director without affecting the strike off application?
  • The requirement for a minimum number of directors
  • What is the strike off procedure?
  • Resignation post-Gazette advertisement

Where a company has made an application to strike off a dormant company which has been published in the Gazette, can a director of that company resign from his position as a director without affecting the strike off application?

This Q&A considers whether a director of a company that has had its application for strike off published in the Gazette can resign as director.

The requirement for a minimum number of directors

CA 2006, s 154 provides that, at a minimum:

  1. a public company must, at all times, have two directors, and

  2. a private company must, at all times, have one director

This means that:

  1. in case of a public company with only two directors, a new director of the company must be appointed before either one of them can leave office, and

  2. in the case of a private company with only one director, a new director of the company must be appointed before that sole director can leave office

If a company finds itself with no directors it will be in breach of the CA 2006 and could be directed to

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