Directors' duties

Recent changes to company law have emphasised the importance of decision making by directors, and the enhanced position of shareholders.

If you become a director of a company, you take on a serious and potentially onerous responsibility, which is something that a lot of people don't realise. In addition to this, you might find yourself charged with a criminal offence arising out of company business.

Whenever a decision is taken, both within and outside of the ordinary course of business, you should ensure, as directors, that it has been properly considered and decided upon. There are serious implications for not doing this and our role is to ensure that you have the necessary legal guidance, whatever the proposed course of action.

We can advise the board of their duties and obligations and assist in preparing board reports and resolutions for important meetings. If you require us to attend your board meetings, whether to take minutes or to ensure that resolutions are properly passed, we can help.

If you are a director or shareholder and are concerned about the way in which your company is being run, or you would like advice on how to protect your position, call us to discuss how we can help.

Examples of areas of business law where we can help directors are:

  • Board minutes and shareholder resolutions
  • Retirement and appointment of officers 
  • Employment Law
  • Enforceability of restrictive covenants
  • Share rights issues
  • Share options and share schemes
  • Reorganisation/corporate restructuring
  • Documenting transactions
  • Personal guarantees