Being disqualified from being a company director can have a massive impact on your ability to earn a living. With my in-depth knowledge of insolvency law, fraud, white-collar crime, and business law, I am perfectly placed to defend any attempt to disqualify you as a director and/or assist you with a director disqualification permission application pursuant to Section 17 of the Company Director Disqualification Act 1986.
Director Disqualification Lawyer
My clients have confidence in knowing that I understand commercial realities and will structure my advice and representation to the court accordingly. In addition, I am wholly unafraid of hard work; when you instruct me, you can be assured that I will not quit until the result you desire is achieved.
What circumstances can lead to a director being disqualified?
You can be banned from being a company director if you fail to meet your responsibilities as a director which include:
- Paying corporation tax
- Following the rules of your company as laid out in its Articles of Association
- Not filing your company accounts on time
- Fail to report conflicts of interests to your shareholders
- Fail to keep company records and report changes
Although some of these responsibilities can be given to a third-party, for example, an accountant, you, as a company director, are ultimately responsible if these duties are not complied with.
The other way a person can be disqualified from acting as a company director is if they are under restrictions from a bankruptcy or Debt Relief Order.
What is the process for disqualifying a company director?
If you are involved in insolvency proceedings, the Insolvency Service may investigate your organisation to determine whether you have complied with your responsibilities as a director. It is crucial to involve me at this point as I can ensure evidence is presented to show you have met full compliance.
If the Insolvency Service is taking you to court to have you disqualified as a director, I will provide a robust, persuasive defence in your favour to either prevent the disqualification or shorten its duration.
What factors will the court consider when deciding whether to disqualify a company director?
The disqualification of a director is not designed to punish a person; instead, it is put in place to protect the public from individuals whose conduct led to the disqualification in the first place.
Each case turns on its facts, and there is no presumption of disqualification. Therefore, a well-structured and argued defence can swiftly result in the disqualification never taking place.
What factors will the court consider when deciding whether to grant director disqualification permission?
The court will examine a variety of factors, including the director’s age and ability to gain future employment, the nature of the company they are proposing to act as a director of, and whether they ran other companies successfully.
To fight a director disqualification, you need a commercially astute barrister who can quickly engage experts to provide evidence that you complied with all your responsibilities. I have over 15 years’ experience defending directors facing disqualification and can protect your best interests and get you the results you want.