Companies

Successor Director Solution: EPOA or using the Successor Director Solution

Adviser Question

When preparing an EPOA, the system provides an option for the Attorney to 'Act as a Successor Director where the Principal is a director and no longer able or willing to act as a director through incapacity, death or their own choosing'.

In ticking this option, do we still need to prepare a Successor Director document for the company? 

Abbott & Mourly Response

There are two ways to implement the Successor Director solution.  The first is by way of an EPOA and the second on the system if the attorney is not to be appointed, rather someone else is as the Successor Director.  The one big difference though is the constitution of the company must enable the appointment of the Successor Director and a constitution upgrade is found in the Successor Director wizard not the EPOA.

 

Please be advised this is general information only, and is not to be taken as legal advice. If you would like more information, or have a legal query, please contact Abbott & Mourly directly.
Reviewed: 17/01/2024