You’ve been let down and it’s serious. It may be that you’ve uncovered behaviour by a director that has caused financial loss to your business or resulted in legal or reputational exposure. It’s probably unlikely you want to hang on to this director, or that your investors might agree to keeping him/her, but maybe you do - so we’ll bear that in mind as we advise you. Above all, you’ll be hoping for a clean and calm resolution process and that’s our forte.
You’re entitled to trust your fellow directors to do the right thing and to act in the business’ best interests at all times. By law, if they’re directors, they are legally obliged to do this and they’ll have a raft of non-negotiable key duties imposed on them as a matter of course. For example, directors are not allowed to make a personal profit or receive a personal benefit at the expense of the business, they must avoid conflicts of interest between their directorship and other interests they might have outside of the role, they must properly declare an interest (like an investment or directorship) in any deal your business is considering. Above all, they have to exercise judgment, skill, care and diligence in the work that they do.
If a director isn’t doing this, you have every right to seek guidance and to take action to protect your business from the risks to which this director is exposing it.
When problems like this arise, you need advisers who are experts on the ins and outs of directors’ duties, how businesses work and how to resolve disagreements sensibly and fairly.
Finer detail is often critical to the outcome of these cases so we may recommend engaging a recommended non-legal expert (e.g. a forensic accountant) to help assess any damage caused to your business and get it remedied effectively. You’ll have our experienced and well-tested support every step of the way.