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Directors - separate legal entities?

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  • Directors - separate legal entities?

    Hi,

    Can someone advise please.

    I understand that a company director of a registered company, on companies house, is deemed a separate legal entity to the company itself, however can someone advise if the same applies to a 'director' by name only, who is claiming to be the director of a company that ISN'T registered on companies house, so is purely applying the title in name only in order to get out of debts he is responsible for given his contract was with me and his 'unregistered company'.

    Am I correct therefore in thinking he CAN be personally held to account for these debts as he cannot hide behind a fictitious company directorship?
    Tags: None

  • #2
    If the 'company' is not registered it does not have limited liability and is possibly best decsribed as the director(s) trading as the company name. He shoild therefore be personally liable.

    Comment


    • #3
      That is the point.

      The question puts it the wrong way round. A company has separate legal "personality". Calling yourself a director does not itself make your business a company or give it separate legal personality.
      Last edited by atticus; 30th July 2022, 09:45:AM.
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

      Comment

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