In a previous article on Director Disqualification Nazaqat Maqsoom of Kangs Solicitors commented on certain matters relating to the imposition of a Director Disqualification Order (‘DDO’).
He now considers:
- factors that the court will take into account when considering whether or not an application for leave to continue as a director may be granted, even though a DDO has been imposed (‘Relevant Considerations’) and
- the consequences of breaching a DDO (‘Consequences of Breach’)
Relevant Considerations | Kangs Solicitors Director Disqualification Team
Every application is treated individually by the courts, is fact specific, and will be decided upon its own merits taking into account:
- the duration of the DDO and the terms of any undertaking given
- general conduct in relation to involvement with one or more companies
- whether or not there has been involvement with other companies that are insolvent
- the facts that led to the DDO and the extent of the applicant’s experience
- surrounding issues involving status, company structure, financial position, other directors/employees and creditors.
- personal circumstances and general character/ reputation and impact upon the business involved.
- whether the DDO followed a trial, or an admission of leading to a disqualification by way of an undertaking.
- the period of time that has passed since the DDO became effective.
Consequences of Breach | Kangs Solicitors Advisory Team
Breach of a DDO is a criminal offence which could result in:
- a further term of disqualification, potentially eleven to fifteen years.
- a fine;
- imprisonment for up to two years;
- personal liability for any company debts (this could involve a ‘shadow director’ also facing personal liability for company debts).
How We Can Help | Kangs Solicitors Director Disqualification Specialists
It is vital that as soon as you become aware of any investigation, receive any correspondence from the Insolvency Service or you are asked to attend an interview that expert legal advice is sought as you will require a legal team with specialist knowledge and extensive experience to assist and guide you.
Kangs Solicitors complex crime and regulatory team provides a national service.
We have extensive experience of dealing with cases investigated and prosecuted by all the major prosecuting authorities such as the SFO, FCA, HMRC, CPS, Trading Standards and Environment Agency.
Our specialist team of lawyers can guide and advise you in any proceedings issued by any authority which may involve both criminal and civil elements.
For further details please see the following links:
Who Can I Contact For Help? | Kangs Solicitors
Please feel free to contact our team through any of the following: