Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Corporate Law (https://www.askmehelpdesk.com/forumdisplay.php?f=58)
-   -   Can a former director bind a company? (https://www.askmehelpdesk.com/showthread.php?t=108841)

  • Jul 11, 2007, 06:07 AM
    shamba
    Can a former director bind a company?
    Can a former director bind a company?
    In short a person purporting to be a director of a company signed a deed of surety ship binding a company. This was done say in June - it was later discovered that he had resigned as a director in the April prior to signing the deed of surety. Can the company still be bound as he was a former director and the time frame April to June is not long.

    If a person purports to be a director and never was a director then I can understand that the deed of surety would not be binding. However if the person was previously a director the situation may be different.

    Ideally I would like this referenced to South African Law - but not necessary.
  • Jul 11, 2007, 06:10 AM
    ScottGem
    If the person was not a legal representative of the company at the time he signed the paperwork, then he committed fraud. The company would not be responsible for that fraud, unless they were a party to it.
  • Jul 11, 2007, 06:34 AM
    shamba
    Thank you for such a prompt and very helpful response to my question. Much appreciated

  • All times are GMT -7. The time now is 09:54 PM.