Solicitors for Director Appointments, Duties and Removals in London, Birmingham and Northampton
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Our specialist corporate law team offers advice to companies, directors and shareholders regarding all matters relating to director appointments, removal of directors and the duties of a director, as well as effective director dispute resolution.
The correct process of appointing and removing directors can be found in the Articles of Association of the company and should also be in line with the requirements of any existing shareholders agreements. Failure to comply with these documents may result in claims and costly litigation. With over a century of combined experience, our solicitors in London, Birmingham and Northampton are here to guide you through the process and protect you from potential legal disputes before they arise.
We have been working with companies across the UK since 2014, overseeing the appointment of new directors and offering ongoing support with their duties in the context of corporate law. We are invested in building long-term relationships with our clients, giving them a trusted legal expert to rely on in any situation.
If you need legal assistance with the appointment, the removal of a director or their duties, schedule a no-obligation consultation with our corporate law solicitors in London, Birmingham and Northampton by sending us your query at info@witansolicitors.co.uk to find out what we can do for you.
Our Services
Our team regularly advises companies, shareholders and directors on legal matters pertaining to appointments and removals, as well as the implementation of director duties and responsibilities.
Director Appointments
If you would like to bring a new director on board to strengthen your organisation, it is important to follow certain guidelines so that the appointment is valid. Our team can guide you through the process of appointing directors in the UK and see to it that the appointment is in line with the Articles of Association of the business, as well as any shareholders’ agreements that you may have in place. We can also draft service arrangements and letters of appointment for you.
Director Removals
It is the company’s statutory right to call a meeting and vote to remove a director (section 168, Companies Act 2006). However, to avoid legal disputes, you have to ensure that any director removal is done as outlined in the Articles of Association and the shareholders’ agreement (if one is in place). You can rely on our team to be your guide through this process, giving you the security of having an expert corporate solicitor to oversee the situation.
We can also advise you on resolving matters related to the removal of directors, such as:
- Unfair prejudice claims – when the director is also a shareholder
- Unfair dismissal claims – when the director is also an employee of the company
Getting legal advice at the point where you are considering removing a director gives you the best chances of avoiding legal disputes arising from the removal process.
Director Responsibilities & Advice
We can support current directors with advice on a wide range of topics regarding fulfilling their responsibilities to the company, such as:
- Calling and holding board meetings
- Quorum and percentage needed to pass decisions
- Appointment of alternate directors (AD)
- Director insurance and indemnities
- Filing
- Retirement by rotation
Director Duties Disputes
All directors, including shadow directors, have legal duties towards their company and they are personally liable if these duties are breached. Our specialised director dispute resolution team works quickly and efficiently to find conflict resolution solutions that lead to a favourable outcome. Our corporate solicitors are both trained negotiators who regularly employ alternative dispute resolution (ADR) techniques and litigation experts who can represent you in court if needed.
Why Choose Witan Solicitors?
- 100+ Years of Combined Experience: Our corporate lawyers have over a century of experience between them allowing us to give efficient, actionable advice
- Established in 2014: We have been developing our commercial law services since Witan Solicitors was established in 2014
- Legal 500 Recognised: Our Solicitors have been recognised in the Legal 500
- Industry Experts: By staying up to date with the latest cases and developments in the law, we ensure we provide creative and reliable solutions in all situations
- Multilingual Support: We work both with UK and international corporate clients, offering legal support in more than 10 languages
- Corporate law experts near you: Discuss your director-related queries with our expert solicitors in London, Birmingham and Northampton
At Witan Solicitors, we offer all our clients an initial, no-obligation consultation free of charge. This meeting allows us to get an overview of your director-related matter and suggest what steps we could take in your particular circumstances. After your first consultation, you are free to decide whether you want to use our services or not. Speak to our team to schedule your free consultation.
Contact Us
If you would like to get legal advice regarding director appointments, duties and removals, discuss your query with our expert corporate solicitors in London, Birmingham and Northampton at info@witansolicitors.co.uk today.
FAQ
How do you remove a director who is also an employee?
If you terminate the employment contract of a director who is also an employee, unless your Articles of Association say otherwise, this doesn’t automatically force them to step down from their role as a director. If you would like the employment and the director’s appointment to end simultaneously, you must have a clause added to their employment agreement to begin with.
When the director is also an employee of the business, in the event of being removed, the director could make an unfair dismissal claim as an employee. This is why it’s always best to seek legal advice before you proceed with a more legally complex director removal.
How can you remove a director who is also a shareholder?
A director can be removed from duties by the shareholders if more than 50% have voted in favour of the removal. This applies to directors who are shareholders too. However, when directors are also shareholders, this can lead to further issues and subsequent claims, such as unfair prejudice claims. Therefore, it is recommended that you speak to a solicitor before taking action against directors who are shareholders to protect the best interests of your company.
Qarrar Somji
Solicitor-Advocate
Qarrar qualified as a Solicitor Advocate in 2014 having previously had experience in a varying range of litigation roles.
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