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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I am a 100% share holder and want to remove the director from

Resolved Question:

I am a 100% share holder and want to remove the director from running the day to day business with immediate affect? Can I give them 28 days garden leave whilst I hold a board meeting to remove the director or can I appoint another director and give more power to that director until I service 28 day notice on the director I want to remove
Thanks jon
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Is the person a director at companies house? When did you appoint him as a director?
Customer: replied 3 years ago.
The person became director on the 1st February 2014 same time as I became 100% share holder both registered on companies house. She worked with my partner but she has gone against him and we feel she is working with the ex director who is still trying to influence the company.i won't to know if I have the power to ask her to leave site and give her 28 days notice but on garden leave or appoint another director to run all duties on the site
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Yes, you may appoint another director and give them power to,run all duties on site and inform them you intend to pass a resolution to remove the other director from office.
You can only enforce garden leave if it is provided for in a service or employment contract with the director, you could
If there is a service agreement, you could also pay in lieu of notice and terminate the service of the director,immediately.

I would suggest that you appoint a solicitor to handle the process for you to avoid any come back to you.

Can I help further?
Customer: replied 3 years ago.
If I appoint another director with immediate affect can I ask the old director not to turn up to work Tuesday .do I have to put this in writing and with 2 directors for a sort period time how do I put one has full control of the day to day running and the other has no responsibilities at all.there is no employment contract no agreement with company and her about work notice nothing she just took over as director I took over as share holder she is running the company very poor but won't take any notice of me so I have someone else I won't to put on as director to run the company and remove the old director with immediate affect or at least stop them from coming into work until I can hold a board meeting to remove her officially under 2006 168 I think
Expert:  UKSolicitorJA replied 3 years ago.
ThE problem is you do not have any agreement with this person.

They will be a director until they are removed by you passing a resolution to remove them after giving the 28 days notice.

Until then, they should continue as a director and you may tell them to start handing over their duties to the other director you appoint.

I would suggest that you appoint a solicitor to make sure the notices and paperwork are in order.

Hope this helps
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