Director Surety and Debt

Jj1989

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Good day Werner

I would like to get some legal advise.

We had a company registered with 4 director's including myself, at the start of the business we opened an account with a supplier and i personally signed surety on the credit application, in October when 2 including myself resigned as directors of the company there was no monies owed toe this supplier, in April this year the remaining two directors made dept on the account with the supplier, but did not paid anything on the account, they filled in a new credit application after the dates of the purchases, and signed for it personally without me knowing, yesterday we got i got a call from BCM advising me i owe the supplier 94 000.00, and because i signed surety i was responsible for the debt even after i resigned as director before the purchasing was made, my question is, will i still be liable for this debt ? Amd if so our credit was only approved for 50 000.00 the supplier took the risk to supply beyond this approved credit limit.

Thank you
 
Good day Werner

I would like to get some legal advise.

We had a company registered with 4 director's including myself, at the start of the business we opened an account with a supplier and i personally signed surety on the credit application, in October when 2 including myself resigned as directors of the company there was no monies owed toe this supplier, in April this year the remaining two directors made dept on the account with the supplier, but did not paid anything on the account, they filled in a new credit application after the dates of the purchases, and signed for it personally without me knowing, yesterday we got i got a call from BCM advising me i owe the supplier 94 000.00, and because i signed surety i was responsible for the debt even after i resigned as director before the purchasing was made, my question is, will i still be liable for this debt ? Amd if so our credit was only approved for 50 000.00 the supplier took the risk to supply beyond this approved credit limit.

Thank you
If you resigned as director AND de-registered yourself as a director at CIPRO, before this debt was made, you are not liable.
 
If you resigned as director AND de-registered yourself as a director at CIPRO, before this debt was made, you are not liable.
I'd imagine that if you signed surety in a personal capacity (as a lot of places require) and did not amend this surety when you resigned then you are still jointly and severally liable for any debt covered by said surety. But I am not a lawyer.
 
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