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Barbary9669

Bankruptcy annulled for IVA, but my directorship has been cancelled

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Hello

 

I was made Bankrupt by HMCR in Oct 2013 while I was in the process of trying to agree a IVA, on visiting the Insolvency service I was advised as I was trying to agree a IVA, I would not have to resign my company directorships unless this was unsuccessful and my Bankruptcy was not annulled.

 

In December 2013 my IVA was agreed and following this my Bankruptcy was annulled.

 

It has now come to my attention that the other director has informed Companies House that I was bankrupt and resigned my directorship.

 

I am asking was the Insolvency Services advise correct and could the director do this without my consent and is it possible to get this reversed ?

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Is it your company or were you brought on board as a director? As far as I'm aware, the law allows a director to continue even with an active iva. However, your contract of employment may state that you will be removed as a director if you enter into an iva.

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An undischarged bankrupt cannot be director of a company. See http://www.legislation.gov.uk/ukpga/1986/46/section/11.

 

Your consent is not necessarily needed to remove you. Directors are appointed by shareholders and can be removed by a shareholders resolution.

 

You can download the removal document which was registered with Companies House online for a quid.


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Grumpytosaytheleast No I own 50% of the company and have no contract of employment.

 

steampowered my bankruptcy was Annulled not discharged, so being Annulled I thought void or invalided ?

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