The phrase “next of kin” is not defined under Companies Act 2016, but the intention of the law is to cover persons who are to make decision as to whom to be appointed as a director in place of the deceased sole-director. According to the Oxford’s Dictionary, the term “next of kin” means “a person's closest living relative or relatives”.
What is the purpose of appointing a Next-Of-Kin?
The Companies Act 2016 (the “2016 Act”) introduced the option for private companies to have a minimum of one director. In doing so, it also recognised the role of the “next of kin” in situations where the sole director is no longer able to perform their duties—such as in the event of disqualification, mental incapacity, death, or resignation in accordance with the company’s constitution.
In such circumstances, the company secretary is required, as soon as practicable, to convene a meeting of the next of kin, personal representatives, or the company’s members for the purpose of appointing a new director.
If a replacement director is not appointed within six months, the Registrar may proceed to strike the company off the register.
Common Interpretation of Next of Kin (for natural persons):
- Spouse
- Children
- Parents
- Siblings
- Other immediate family members (e.g., grandparents, grandchildren, uncles/aunts)
US 7127 
GB 6384 
AU 5739 
CA 5732 
IE 3648 
NZ 2954 
BR 2449 
CN 816 
