A company director can be disqualified by a court order under the Directors Disqualification Act 1986. A court can disqualify a director if they are shown to be unfit to be a director or if they are guilty of gross misconduct. The Act also applies to shadow directors and non-executive directors.
Company directors can face disqualification for a number of reasons. This can include matters such as, allowing a company to trade while insolvent, failing to submit accounts to Companies House and failing to submit tax returns and pay tax.
The consequences are serious, with disqualifications lasting anywhere between 2 and 15 years. This can have a devastating effect on your business and your ability to make a living.
If you are disqualified, then you cannot be a director of a company, act as a director, promote a company, be involved in the formation of a company or have an influence over the way a company is run.
The Department for Business, Innovation and Skills can investigate and prosecute directors for malpractice or for breaching a previous order.
Direct Barristers can identify a Barrister who specialises in Director Disqualification matters and who can advise you as to your prospects of success, assist you to prepare your case and represent you at any hearings.