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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10909
Experience:  30 years as a practising solicitor.
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HI,I was the Director of a company that was wound up by

Resolved Question:

HI,
I was the Director of a company that was wound up by HMRC over three years ago. Prior to liquidation I had received income form the company that was deemed by the IP to be dividends and that they were to be paid back, which I duly did.
Recently I did a director check on myself and found that I am still a Director of the company. I have had my interview, provided all information asked of me, agreed a full and final settlement of all funds due and most importantly paid back the money back.
My question is this. Can I now resign as a Director of the company or must the IP approve this?
Kind regards,
BB.
Submitted: 2 years ago.
Category: Scots Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

Yes happy to wait 48hrs.

If no answer within the above timeframe can you process the refund please.

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  JGM replied 2 years ago.
Thank you for your question.
You are perfectly entitled to resign as a director of the company and the liquidator would have to receive your letter of resignation and advise Companies House.
However I would comment that there is no advantage or disadvantage in your resigning given that the director's powers cease on liquidation and the liquidator acts as agent of the company thereafter.
Once the liquidation process is complete the company will be dissolved so unless you have a specific reason for resigning there is little practical advantage in you doing so.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10909
Experience: 30 years as a practising solicitor.
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