Pictured above: Stuart Williams, director at Cowens
Survival Capability
Many company directors are still not aware of their
responsibilities as part of the Companies Act 2006, and remain
unaware that they could be prosecuted for their failures to take
appropriate action when required.
That's the view of Stuart Williams, a director at Cowens
Survival Capability, a business that helps firms understand how to
ensure that they have the right business continuity procedures in
place.
Stuart says that recently, Cowens SC has been inundated with
enquiries from directors who fear that the economic environment
could signal the end of their business, and fear the
consequences.
Stuart commented: "Under the Companies Act 2006, directors must
make decisions and take appropriate actions that make their
business a success. The difference now though is that directors can
be individually held liable, not just the corporate entity.
"Many people are unaware that they do not even have to be named
as a director to incur liability, as being in position to control
or influence a business can leave an individual open to
liability."
Failure to take correct actions could lead to a director being
sued by the company, shareholders and customers, with consequences
including fines or jail terms.
Business continuity planning is about ensuring the right
strategies are in place so that when a crisis happens, a business
can respond quickly and effectively.
Part of building a robust plan involves correctly analysing
internal and external risks, such as site safety, fraud,
environmental procedures, and health and safety issues.