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Old 17th July 2008, 19:57   #1 (permalink)
thelightbrigade
Classic Account Customer
Default Advertising Bill

This is the scenario in brief....
A sole trader is being taken to court for a balance for advertising deal. The actual document agreeing to the contract is not signed by the business owner, and is signed by a person who put their position in the company as 'director'.
The business does not exist anymore. It was never registered with companies house in any form.

Can a sole propriotorship company have a director?
Is this contract therefore unenforcable?

any advice appreciated
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Old 18th July 2008, 12:17   #2 (permalink)
wino
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Default Re: Advertising Bill

I believe that Directors are part of a limited company and would need to be registered as so at Companies House.

If the person was a 'manager' (say) of the sole traders company and he signed the agreement then this is considered to be done with the sole traders permission. That is if the sole trader has let this person sign for things before. If he had made it clear that only he himself can sign for things then the 'director' should not of signed this contract.

As a general rule as a sole trader the buck will stop with him.

If as you say this is going to court I suggest getting proper legal advice.
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Last edited by wino; 18th July 2008 at 12:23. Reason: Waffling
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