TNAG-2378-FCO40-3457-Hong-Kong-nationality-British-Nationality-(Hong-Kong)-Act-19-1991 — Page 44

New Companies

H

New Companies

CH

It is particularly important that you should make sure that the name you want to use is acceptable before you complete your company formation documents. In some cases an objection to the name you have chosen could be received after your company has been registered and the company could be directed to change its name.

CAN ANYONE BE A COMPANY DIRECTOR?

Yes, provided that the prospective director is not an undischarged bankrupt (unless the court has given him leave to act) and that he has not been disqualified by a court from holding a directorship. The company's articles may also require a specified share qualification.

A person seeking election as a director and who is over 70 years, or who reaches 70 years while in office, can only be appointed, or re-appointed, if it is approved by the company in general meeting of which special notice has been given. This retirement age is subject to articles to the contrary. There is no minimum age limit in the Companies Acts for a director to be appointed and in England and Wales. However, in Scotland the Registrar of Companies would refuse to accept the appointment of a director who was under the age of 16 years on the grounds that, in the Registrar's view, a child below that age does not have the legal capacity to accept a directorship (Age of Legal Capacity (Scotland) Act 1991). If you need any further information you should contact Companies House, Edinburgh.

4.

Some persons not of British nationality are under restriction as to the employment they may undertake whilst they are in this country. If you need any further information about whether such a person can become a director of a UK registered company you should contact:

Home Office Immigration and Nationality Department Lunar House

Wellesley Road

Croydon

CR9 2BY

(Tel:

081 686 0688)

WHERE CAN I OBTAIN THE FORMS MENTIONED IN

THIS BOOKLET?

Forms 10 and 12, and all Companies House booklets,

can be obtained from:

Stationery Section PO Box 450 Companies House Crown Way Cardiff CF4 3YA

or

Companies House 100-102 George Street Edinburgh

EH2 3DJ

or, for personal callers only, from:

London Search Room Companies House 55-71 City Road London

EC1Y 1BB

Companies House cannot supply you with memoranda or articles of association. Specimens of these documents can only be obtained from law stationers, who can also supply forms 10 and 12. Addresses can be found in Yellow Pages.

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