Divorce dilemmas for directors 5 – Removal of your spouse as company secretary

8th January 2014

If you, or your spouse, are a company director and you are on the brink of a divorce, you may naturally be concerned about protecting your business assets.

In this series of blogs, Laura Lambert, an expert divorce lawyer with Ansons Solicitors family team in Cannock Staffordshire helps you solve the many dilemmas you may face about your divorce and the future of the business, your assets and the effect of any prenuptial agreement.

The procedure to remove your spouse as company secretary

If your spouse is a company secretary, you will need to check the Articles of Association for the procedure for appointment and removal of a secretary. The usual provision provides that a secretary can be appointed or removed by the directors. This means that if the one spouse is the sole director they can remove the other but if both parties are directors, there is potential deadlock. You will also need to have consideration as to whether or not the spouse is employed as the company secretary as this may give them employment rights.

For further advice, please contact Laura Lambert in the family team, on 01543 431996 or email Ansons Solicitors has offices in Cannock and Lichfield, Staffordshire.