It seems really simple, you pay a very small fee and set up your own company on Companies House, but did you know that you have many legal responsibilities as a director? The sort that means you might personally be fined or go to jail? Here are some of them.
Whilst it might feel good to be the director of your own company you have several responsibilities as directors under the Companies Act 2006:
- To act within their powers (in the articles of association etc)
- To promote the success of the company for the benefit of its members as a whole ie not benefitting one member above the company eg by allowing one director/shareholder to take out more dividends/loans that the company can afford
- To exercise independent judgement – you can take advice but must decide for yourself
- To exercise reasonable care, skill and diligence eg using a chartered accountant or professional bookkeeper if you don’t have those skills in house
- To avoid conflict of interest
- Not to accept benefits from third parties
- To declare interests in transactions
(We cover these and more in our Governance for Directors course)
