The responsibilities of a director

When Mr Perkins was appointed as a director of Digital City (UK) Ltd last year, I was told by Mr Bluh that he was selected to represent Swindon Borough Council on the company’s board because of his skill and experience in business. The company of which Mr Perkins is a director has failed to make payments on its loan from the council… and that failure pre-dated by a month Mr Perkins claiming that payments were still being made. According to Mr Perkins, that’s all fine and dandy.

I was asked in December whether it was up to date with its payments, and I said yes — because that’s what I had been told. When I made that statement it was correct, based on the information I had at the time.

Perhaps it’s time that Mr Perkins reminded himself of his obligations under the Companies Act 2006.

(1) A director of a company must exercise reasonable care, skill and diligence.
(2) This means the care, skill and diligence that would be exercised by a reasonably diligent person with—
(a) the general knowledge, skill and experience that may reasonably be expected of a person carrying out the functions carried out by the director in relation to the company, and
(b) the general knowledge, skill and experience that the director has.

At the moment, Mr Perkins’s diligence in checking his facts before making public statements about Digital City (UK) Ltd appears to be falling far short of reasonable expectations.