Director Disqualification

A company director can be disqualified, or banned, for up to 15 years if they do not meet their legal obligations.

An insolvency practitioner, or a member of the public, can report a company director’s conduct as unfit if they have:

  • Allowed a company to continue trading when it could not pay its debts.
  • Failed to keep proper company accounting records.
  • Failed to send accounts and returns to Companies House.
  • Failed to pay tax owed by the company.
  • Used company assets for personal benefit.

You are automatically disqualified from being a company director if you are declared personally bankrupt.

Directors facing possible disqualification should always seek specialist legal advice because a successful order would have a major impact on many aspects of their life as well as their ability to be involved with or run a company, directly or indirectly. For example, disqualified directors cannot sit on a health care or social care board or on the board of a school, charity or police authority. Breaching the terms of a disqualification order can lead to imprisonment.

How We Can Help

When the conduct of directors comes under scrutiny, Else Solicitors has experience of contesting disqualification proceedings with vigour and painstaking detail.

We have exhaustive knowledge of the relevant periods of disqualification that should be applied to the matters of unfit conduct together with the evidence that will need to be produced to support those allegations and secure a disqualification. This enables us to contest proceedings, or negotiate agreements of appropriate periods of director disqualification.

Even if you are subject to a disqualification order, or agree to an undertaking, you may be able to submit a court application for leave to be a director of a company whilst disqualified. The team at Else Solicitors has considerable experience of dealing with these applications.

To speak to a member of the insolvency and business recovery team team in relation to director disqualification, please call 01283 526200, alternatively you can send us a message and we will get in touch at a time that suits you.

Winding Up Petition

A winding up petition is a formal document issued by the Court against a Limited company or a Limited Liability Partnership.

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Director Disqualification

A company director can be disqualified, or banned, for up to 15 years if they do not meet their legal obligations.

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Administration & Liquidation

When a company is struggling financially and unable to pay its debts, expert legal advice is vital.

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Wrongful Trading & Directors Liabilities

If a company becomes insolvent and goes into liquidation, a director may be deemed personally liable for ‘wrongful trading’.

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Company Restoration

Once a company is dissolved, or struck off, it no longer legally exists and the assets are passed to The Crown.

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Retention Of Title Claims

If you have supplied goods and not been paid in full, you can apply to take those goods back if you have a properly drafted Retention Of Title (ROT) clause in your trading terms.

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Insolvency & Personal Bankruptcy

Difficulties in paying the money you owe can arise because of redundancy, bereavement or a career change or because you have over-stretched your finances by taking out too many loans and other forms of credit.

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Chris is the founding Partner of Else Solicitors and has over 25 years’ experience as a commercial solicitor dealing mainly with commercial disputes. He is also an accredited Mediator.

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Chris Else

Managing Partner

Andy has considerable experience in all areas of commercial and property litigation, including commercial contract disputes.

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Andy Rudkin

Partner - Head of Dispute Resolution

Amiee joined Else Solicitors in 2014 in the Dispute Resolution department, and was promoted to Associate in July 2018.

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Amiee Thomas

Associate - Dispute Resolution

How can we help?

Get in touch.

At Else, we are specialists when it comes to business debt restructuring practices and insolvency legislation.

If you would like to speak to one of our business recovery solicitors contact 01283 526200. Alternatively, you can send us a message and we will get in touch at a time that suits you.

Legally Speaking