Disqualification of directors barristers at St Pauls Chambers provide expert legal advice and strategy guidance on all aspects of the Company Directors Disqualification Act 1986.
A disqualification order is made by the court under the Company Directors Disqualification Act 1986. The Act applies not only to a person who has been formally appointed as a director, but also to those people who have carried out the functions of a director and to shadow directors.
You can be disqualified, i.e. banned, from being a company director if you act in an ‘unfit’ manner, such as illegally or fraudulently, and abuse your position of power and trust. Improper conduct does not have to be deliberate; it can also be a result of negligence.
Below are some example of ‘unfit’ behaviour that can result in disqualification of directors:
If The Insolvency Service receives a complaint about you, or if your company is involved in insolvency proceedings, they will investigate you. If they believe you have acted improperly, they will take you to court, or you can voluntarily disqualify yourself and end court action (this is known as disqualification undertaking).
A disqualification order can be made under a number of different sections of the Company Director Disqualification Act 1986. The order will specify the period of disqualification. For orders made against an unfit director of an insolvent company, there is a minimum period of 2 years and a maximum of 15 years.
A disqualification order comes with serious consequences, so it’s vital to understand the Director Disqualification Act and seek proper, specialist legal advice if you are investigated.
Without gaining specific permission of the court, a disqualification order bans a person from:
Disqualification of directors can have additional consequences, including:
Members of St Pauls have advised and appeared in a number of Directors Disqualification cases, both in contested hearings, applications for leave to act as a director under s17 and in compromising cases by way of undertakings. Jeremy Barnett has particular experience in this field.
Cases conducted include:
If you need legal advice regarding the Director Disqualification Act, or you are being investigated for disqualification of directors, contact our team of expert directors disqualification lawyers today.
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