Does anyone know if an ex-company director is responsible for debts incurred after they resigned from the company?

For example, if a bill was unpaid when the director resigned, but he has offered to pay half since finding out about that bill a year later - despite the existing director knowing about it for a year and ignoring it, and now there are interest charges and court filling fees...is the ex director responsible for half of those fees aswell?

Hi Chloe,

Company law is a very specialised field - what would concern me here is that the director who resigned offered to contribute to the outstanding debt such a considerable time after his involvement with the company (and of course if the debt originated while with the company :rolleyes: ).  That suggests (IMO) the resigning director felt a degree of responsibility which he confirmed by making the offer

Hopefully someone with specific company law experience can advise further for you.

Regards, Teri :)
Does everyone else make as many typos as me???? edit, edit, edit :P

Thanks :)

But what if that Director only just found out the company was being taken to court over this unpaid debt? Whilst that is an admission of responsibility surely it is also an attept to put things right?

If the company is a limited liability company then the only claim is against the assest of the company. If in the memorandum & articles of the company it is deemed that a director is liable for any debts incurred by that company then the director who has resigned is only liable for any debts incurred during his tenancy as a director. Debts which are incurred by a limited liability company can only be retrieved against the assets of the company or against the shareholders who have undertaken to take up shares which may still be unallocated.
Debts would not be incurred by a company without the knowledge of the directors who have to sanction the expenditure.
This is all said entirely without prejudice  ;) :D :D
hth

Christine, Spain.

>This is all said entirely without prejudice<

LOL  Christine :D

Well you're obviously far more up on this company lark than me!

.......... and does not affect your rights and pleas in law :P

Teri

Lol @teri :D
*Well you're obviously far more up on this company lark than me!*
or I know someone who is......  ;)  :p :D

Christine, Spain.

Thanks :) Spoke to a solicitor today who confimed what you said Christine - much appreciated :)

Thats OK Chloe :D

Christine, Spain.

I missed your post Chloe but christine summed it up well :-))

OK I`d better own up, I just wrote what oh told me, he`s a b at law ;) :D
He comes in handy sometimes :D

Christine, Spain.