PRIVATE COMPANY DIRECTORS
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The directors are the persons who will be responsible for managing the business and affairs of the company and for ensuring, along with the company secretary, that the company complies with the Companies Act 1985.
Subject to being removed by the members/shareholders, the directors will control the company.
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| Number |
The company, being a private company, must have at least one director - section 282(3) of the Companies Act 1985.
There is no upper limit on the number of directors the company may have. However, for practical reasons, UKcorporator will only cater for up to 12 directors.
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| Relevant factors in choosing |
A director of a private company (such as the one you are forming):
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| need not be a natural person - a company or Scottish firm may be appointed as a director of another company. This is implicit in various provisions of the Companies Act 1985 (e.g. sections 289(1) and 305(4));
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| need not have any special formal qualifications;
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| need not be a UK citizen - however, it is possible that UK immigration laws may prohibit such a director from working in the UK. If in doubt, advice may be sought from the Home Office Immigration and Nationality Directorate;
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| need not, under the Companies Act 1985, 'live' in the UK (nor need a director reside, be a 'permanent resident', be domiciled, or be incorporated in the UK). Nevertheless, this general proposition may be subject to any other rules which may apply from time to time;
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| must not have been disqualified by a court from acting as a company director (unless he or she has been given leave (permission) by a court to act as a director for a particular company);
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| must not be an undischarged bankrupt (except with leave of the court) - section 11(1) of the Company Directors Disqualification Act 1986;
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| in the case of a company proposed to be registered in Scotland (as opposed to 'England and Wales') - must not be under the age of 16 - section 1(1)(a) of the Age of Legal Capacity (Scotland) Act 1991;
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| in the case of a company proposed to be registered in 'England and Wales' (as opposed to 'Scotland') - need not be of any particular minimum age, however, careful consideration should be given as to whether the a director who is a minor, has the legal capacity to consent to act as a director and to carry out the duties of a company director; and
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| need not be younger than any particular age (i.e. there is no maximum age limit) unless the proposed company is to be a subsidiary of a public company. (If the private company is to be a subsidiary of a public company, a director of the subsidiary must not be over the age of 70 unless specifically approved by a general meeting of the company - section 293 of the Companies Act 1985. The word 'subsidiary' is defined in sections 736 and 736A of the Companies Act 1985.).
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