The Companies Act 2006 revised the requirements relating to the age of company directors. The guidelines which existed prior to the act are now strictly enforced requiring all directors in England and Wales to be at least 16 on the date of their appointment.
The effect it is unify the regulations existing within this jurisdiction with those which had been present in Scotland for some years.
Persons Under the Age of 16
Prior to the 2006 Act persons under the age of 16 could, by exception be appointed as a director of a company registered in England or Wales. Companies House may have in certain circumstances accepted the appointment. The Registrar of Companies would have required written assurances for the company's shareholders that they believe that the persons could effectively execute the typical duties of a company director.
Directors of Companies Registered in Scotland
For companies registered in Scotland, the rule that a director must be at least 16 years old is applied strictly and can not be mitigated in any circumstances.
Any appointments made which are later shown to be invalid (for example, by entering an incorrect date of birth on the Form 288a (now Form AP01) will be deemed void by Companies House.
A person whose appointment later turns out to be invalid will still be liable for any actions they undertake whilst purporting to be a director or shadow director and will be the same as if it were the case that their appointment was valid.
Companies Act 2006 and Current Appointments
The Companies Act 2006 states that in cases where an underage person is no longer eligible to continue as a company director due to the provisions of the Act, and where Companies House does not agree to their continued appointment, that person will cease to hold their position.
In such instances the company register should reflect not only the fact that the resignation of the director took place, but also the fact it was the result of the Companies Act 2006 provisions.
