As part of his series of articles explaining the effects of the new guideline issued by the Sentencing Council which comes into force on the 1st October 2018, Nazaqat Maqsoom of Kangs Solicitors now considers the effects of breaching an Order disqualifying an individual from acting as a director.
The Guideline | Kangs Director Disqualification Order Advisory Solicitors
‘Breach of disqualification from acting as a director
Company Directors Disqualification Act 1986
- The offence is triable ‘either way’ before either a Magistrates’ Court, where the maximum sentence that can be imposed is six months imprisonment, or a Crown Court where the maximum sentence is a term of imprisonment for two years.
- The court has to determine the applicable category of the offence committed and in so doing must assess both culpability and
- There are two categories for culpability with Category A involving deceit/dishonesty in relation to the actual role with the company or where the breach involves deliberate concealment of disqualified status and Category B applying to all other cases.
- Harm divides into three levels:
Category 1 applies where the breach results in significant risk of or actual financial loss or significant risk of or actual serious non-financial harm to company/organisation or others.
Category 2 applies to cases that fall in between of Categories 1 and 3
Category 3 covers situations where the breach results in very low risk of or little or no harm (financial and non-financial ) to the company/organisation or others.
How We Can Help | Kangs Company Law Offences Solicitors
Breaching a Director Disqualification Order may result in severe consequences and it is, therefore, crucial that you seek expert legal advice as soon as you become aware that you are being investigated or are arrested for any such alleged offence.
Kangs Solicitors ’ complex crime and regulatory team provides a national service and is regularly instructed to advise and defend directors and other company officials in matters arising from Insolvency, Director Disqualification, Regulatory breaches and/or criminal conduct.
Our team of solicitors has extensive experience in dealing with cases investigated and prosecuted by all the major prosecuting authorities such as the SFO, FCA, HMRC, CPS, Trading Standards and Environment Agency.
Who Can I Contact For Help? | Kangs Criminal Defence Solicitors
Please feel free to contact our team through any of the following who will be happy to assist: