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Ceasing directorship and shareholding

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Newbie21 View Drop Down
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Joined: 20/December/2011
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  Quote Newbie21 Quote  Post ReplyReply Direct Link To This Post Topic: Ceasing directorship and shareholding
    Posted: 20/December/2011 at 13:18
Company is run under family trust account with 33% shareholding of 3 partners. I am assumed as silent partner, but still a director and shareholder of company.
One of the director is acting as company sectretary and looks after all the financials. He makes all his decisions without consulting other 2 directors. He decided to take out x amount as his salary which i didnt agree, but as he is the one who is making all his decisions, he still wants to take out that salary without putting anything in writing.
I am bit concerned with this all as I am never involved in any management related or operational decisions. I have decided not to continue with the company anymore, without going in anymore hassle.

Now taking in account that company is doing pretty good and doesnt have any loan or anything like that.

1. I want to know what options do I have to cease my directorship with drawing at atleast what I initially invested?
2. Company is under a lease agreement for next three years where I am guarantor on the lease contract. Will ceasing directorship ceased me as guarantor or do I do get more paper work involved?
3. What other possible liabilities do i need to think of?

Please help I want to be out of this ASAP.
Much appreciated.

 

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rambler1 View Drop Down
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  Quote rambler1 Quote  Post ReplyReply Direct Link To This Post Posted: 20/December/2011 at 15:13
1 you can withdraw from the directorship but if you want to get back what is owed, unless you have a loan outstanding from the company to you, you need to sell your shares to the other 2 if theyll buy them.


2 no this is a common mistake you need express release in writing from the company doing the leasing or your still liable for the guarantee maybe one of the other directors will accept the guarantee but it all must be in writing and accepted by the lessor.

3 Lots of things to think about when you leave such as ensuring the company is solvent when you leave and get declarations of solvency from the directors, perhaps see a aolicitor in this area to ensure you are absolved of of any future liability.
Luke 11 46: Woe unto you also, ye lawyers! For you load men with burdens that are difficult to carry, and you yourselves won't even lift one finger to help carry those burdens.

 

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Newbie21 View Drop Down
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  Quote Newbie21 Quote  Post ReplyReply Direct Link To This Post Posted: 22/December/2011 at 10:05
Thank you very much.

 

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