Director’s appointment date explained

Appointing a director involves several steps – so which one makes the appointment official? The answer is straightforward: the director’s appointment date is the date of the resolution or board minute that approves the appointment. That’s the date you use on the AP01 form when you notify Companies House, which must be done within 14 days.

This guide explains how the appointment date works in practice, the common mistakes to avoid, and what to do if you file the wrong date.

Understanding the director’s appointment date

Once a director is appointed, you notify Companies House by filing an AP01: Appointment of director form. The AP01 form asks for the director’s appointment date.

This is where the confusion comes in. Is it the date on which you make the filing? Or is it the date on which the appointment was approved? Or something else?

The appointment date is the date of the resolution in which the board or shareholders approve the appointment, provided the new director has agreed to act as director from that point.

You pass the resolution first, and then you use that date as the date of director’s appointment when you notify Companies House.

• How to appoint a corporate director in a limited company
• Does my company need an alternate director?
• Role and duties of a company director

How to appoint a director in the UK

You’ll find information on how to appoint a director in our detailed post. Here’s a brief rundown of the main steps you need to take once a candidate has been put forward.

1. Obtain written consent from the new director

The new director signs a letter of consent confirming their intent to act as a director of the company.

2. Get shareholder or board approval

The board of directors can usually appoint a new director if the company’s Articles of Association allow it. They will pass a board resolution either at a meeting or in writing.

However, in some cases, shareholders will appoint the director. This will either be because only they have the authority to do so in the company, or they wish to make the appointment themselves. This will be set out in the Articles.

For shareholder approval, you normally need to pass an ordinary resolution to appoint the director, which means you need more than 50% of the shareholders to vote in favour of the appointment.

3. Verify identity at Companies House

All directors must verify their identity at Companies House. Identity verification is free and you can complete it quickly through the Companies House service.

Within 14 days of updating the Register of Directors, you must notify Companies House of the appointment. To do this, you need to file a completed AP01 form. You can do this through the Companies House WebFiling service or 1st Formations’ Online Company Manager.

The new director will also have to provide their verification code with the appointment form.

Appointing directors at company formation

The requirements are slightly different if you want to appoint a director at the same time that you form the company for the first time.

If that’s the case, then you don’t need to provide a director’s appointment date. This is set automatically to the same date as the company’s incorporation.

How to enter the director’s appointment date on different platforms

On the Companies House WebFiling platform, the director’s appointment date is requested just before the end of the process. Simply select the information from the dropdown to answer “when was the director appointed?”

If you’re using our Online Company Manager, the ‘Register Entry Date’ field is on the first page of the director appointment process. Here’s what it looks like:

Common mistakes to avoid with director appointment dates

The director’s appointment date isn’t always obvious. Two common misconceptions are that it’s the date the director accepts the appointment or the date you notify Companies House. Neither is correct – it’s the date of the resolution that approves the appointment.

Legal implications of getting the director’s appointment date wrong

Why does the director’s appointment date matter? Let’s find out.

Compliance with directors’ duties

The main reason is to ensure that everybody is clear about when the director’s authority and statutory duties began. As soon as a person becomes a director, they owe duties to the company. Failure to do so can result in the director being held personally liable. A new director needs to be aware of their duties and exactly when those obligations begin so that they can comply.

Authority to sign contracts

Directors also have the authority to sign contracts, approve transactions, and make board decisions. If a new director signs a contract before their formal appointment date, someone might question its validity.

Compliance with filing deadlines at Companies House

A new director must file the AP01 with Companies House and verify their identity within 14 days of their appointment. You must know the exact date of the appointment to meet this deadline. Failure to meet the deadline can result in a fine.

What to do if you got the director’s appointment date wrong

If you filed the wrong appointment date on your AP01, you can correct it by submitting an RP04 form alongside a replacement AP01 containing the correct information. This will amend the original filing at Companies House.

Need help appointing or resigning a director?

There are various steps to ensure the appointment of a new director is conducted in a compliant, legal manner.

At 1st Formations, we offer a Director Appointment & Resignation Service, available for £49.99. We’ll take care of everything required to properly appoint (or resign) a director. The service includes:

• The letter of consent (or letter of resignation)
• The appropriate board resolution
• The preparation and filing of the relevant AP or TM form

Once we gather all the necessary information, we typically process appointments and resignations within just 2-3 working days.

Use the correct director appointment date to avoid mistakes

The correct director appointment date is the date of the resolution or board minute approving the appointment – that’s the date you use on your AP01 form when notifying Companies House.

You must notify Companies House within 14 days of the appointment. The incoming director must also verify their identity with Companies House within that same deadline.

If you’d like support with appointing or removing a director, 1st Formations offers a dedicated director appointment service. We’ll handle every step for you.