What to do if a director dies.

There are a few things we must do before we die, such as writing a will and making sure everything is in order.

For a company, the death of a director has  implications. A company director has responsibilities and company affairs still need to be carried out after an officer has passed away.

If a director dies and there are surviving directors, the remaining directors can continue to run the company (if the company’s articles of association allow this) and they can share out the responsibilities of the deceased officer.

When a sole director dies and there are surviving shareholders or members, they can hold a shareholders meeting to appoint a new director.

If the deceased director is the only shareholder, and the company has been incorporated under the Companies Act 2006, the model articles of association allow the personal representatives of the deceased officer to appoint a new director.

The Companies Act 2006 took effect on 1 October 2009. For companies incorporated before this date, and companies that have not adopted the model articles – you should seek professional advice about your options.

By law, a company must update its registers about any changes to directors’ details within 14 days. This includes when a person is no longer a director because they’ve resigned, retired, or sadly passed away.

We can help with the updating of company details, changes to company officers and members and the correct filing of the appropriate forms.