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Can anyone be a director or secretary in my company?

  • There are rules governing who can act as a director or secretary of a company.
  • Because these company officers have a duty to manage the company for the benefit of the shareholders there are certain standards that must be complied with.
  • Generally speaking you cannot be a director if you:
    • are an undischarged bankrupt;
    • are subject to personal insolvency agreements; or
    • have been convicted of an offence such as fraud, theft, breach of director duties or insolvent trading.
  • Some exceptions may be made if you obtain court consent but this will only be in special circumstances. 

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