Sole director companies – tips to avoid probate problems

Aim

To explain the issues on death of a sole director who is the sole shareholder of a private company with or without a company secretary and why the Articles of Association of the company are important and may need changing.

Outcome

Participants will be able to spot cases where these problems exist and work with their commercial colleagues in providing a solution.

Agenda

• Popularity of sole director/sole shareholder companies
• Who is permitted to run the company on the death of the sole director?
• Disposal of the company
• Articles of Association and the importance of the company register of members
• The power of the court to rectify the register
• Recent cases:
  • Kings Court Trust Ltd v Lancashire Cleaning Services Ltd [2017] EWHC 1094
  • Williams v Russell Price Farm Services Ltd [2020] EWHC 1088