What duties and obligations, if any, do former directors of a company have towards the company and its liquidator? Specifically, what happens if a former director resigned prior to the liquidation? The answer to
this is that the former director will still hold responsibilities, even if they had resigned before the company’s liquidation.
For instance, if the former director has any books or records of the company, or information or documents related to the company, and the liquidator requires that the former director produce these to the liquidator,
then the former director must do so.
Does the former director have to fill out a Roadcap, which is a standard report that a liquidator or voluntary administrator will request of all current directors when the company enters liquidation or voluntary
administration?
The answer to this, in regard to a former director, is that it is up to the liquidator’s discretion.
Generally, if the former director had resigned within the last six to twelve months prior to the company’s liquidation, they may be asked to do so. However, if they had resigned several years prior, they likely won’t possess enough information to be relevant. Nevertheless, it remains at the liquidator’s discretion
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