Page 1 of 1
Posted: Mon Dec 29, 2008 2:46 pm
by ivaspouse
I notice in earlier posts that provided the correct procedure was followed a person subject to an IVA could be a company director. Would an IVA prevent a person being the director of an LLP?
Posted: Mon Dec 29, 2008 3:25 pm
by MelanieGiles
You are not a director of an LLP but a partner. An IVA would not stop you taking up this type of appointment, but you ought to disclose the fact to your fellow partners.
Posted: Mon Dec 29, 2008 3:35 pm
by ivaspouse
Thanks Melanie.
Presumably if I had a partner with an IVA it would make dealings with the bank, HMRC and trade creditors a constant battle?
Posted: Mon Dec 29, 2008 10:14 pm
by MelanieGiles
It could make things difficult, given that your partner would probably be subject to credit checking if you were to apply to borrow any money as a partnership, and they would have to ensure that their ongoing trading would not contravene any of the terms of their IVA.
Posted: Mon Dec 29, 2008 11:25 pm
by ivaspouse
Thanks Melanie.
Back to the drawing board by the sounds of it!
Posted: Tue Dec 30, 2008 1:30 am
by David Mond
Not necessarily. As long as there is permission within the IVA to allow the Partnership to trade then no problem. As regards to the Partnership obtaining credit - well as all partners are jointly and severally liable then I can not see any problem. Disclosure to potential creditors though would be recommended.