[shamba]

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.

[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.

[shamba]

Thank you for such a prompt and very helpful response to my question. Much appreciated