06/10/23

Effects of a Director Disqualification Order

Share

Whilst the Order or Undertaking will not prevent an individual from being employed by a company, (save in very rare exceptions where court permission has been granted), the disqualified director will not be able to:

  • act as a director or other officer of a company,
  • take part directly or indirectly in the promotion, formation or management of a company or limited company partnership or any role as a ‘shadow director’,
  • act as a company Receiver.

Any breach of a Director Disqualification Order, or a Disqualification Undertaking, in appropriate cases, could be punished by way of a fine and/or a term of imprisonment up to two years, as well as a further disqualification.

The Order or Undertaking will be registered at Companies House and available for public inspection. Additionally, The Insolvency Service can publish details of disqualifications.

The prohibitions restricting activities relating to a ‘company’ extend to:

  • Limited Liability Partnerships
  • Building Societies
  • Incorporated Friends Societies
  • NHS Foundation Trusts
  • Registered Societies
  • Charitable incorporated organisations
  • Further Education bodies
  • Protected cell companies.

Many other restrictions imposed by other laws and regulations include, inter alia, prevention from:

  • acting as a trustee of a charity without permission,
  • acting as a school governor,
  • becoming a trustee of an occupational pension scheme,
  • being a member of a police authority,
  • joining registered professional bodies, health commissions and social care bodies.

How Can We Help? |Kangs Insolvency Offences Defence Solicitors

Anybody who is or anticipates becoming subject of an Investigation or court proceedings of any nature conducted or issued by any prosecuting authority, including the Insolvency Service, should seek immediate expert legal guidance and advice.

The Team at Kangs Solicitors offers a nationally recognised first-class service assisting and defending clients facing allegations of fraudulent criminal activity of every possible nature.

Many problems which may appear insurmountable could well be substantially mitigated by prompt and pro-active expert guidance.

Who Should I Contact? | Bounce Back Loans | Kangs Solicitors

Our Team will be delighted to hear from you and contact can be made through any of the following:

Hamraj Kangs 0340 BW scaled e1690223799706

Hamraj Kang

Email Hamraj

07976 258171

020 7936 6396

0121 449 9888

Sukhi Kangs 0417 BW scaled e1690222441546

Sukhdip Randhawa

Email Sukhdip

0121 449 9888

020 7936 6396

0161 817 5020

John Veale

John Veale

Email John

0121 449 9888

020 7936 6396

0161 817 5020

Insolvency, Tax & HMRC
A Pre-pack administration is an insolvency procedure under which an insolvent company sells its assets either to a third-party buyer or existing directors of that business through a new company. The sale of a company’s assets is arranged prior to the administration and completes shortly after the appointment of the administrator is confirmed. The procedure […]
27/02/24
Insolvency
A Personal Guarantee is given by an individual, the Guarantor, for the benefit of a third party, whichmay be an individual or corporate body, as security to a creditor, such as a bank or supplier ofmaterials, to ensure that in the event of the third party defaulting in payment, the Guarantorbecomes responsible for discharging the […]
08/11/23
Insolvency
Upon appointment to administer the affairs of an insolvent company, one of the roles of the appointed Insolvency Practitioner is to gather in all available assets and discharge creditors out of the recovered funds according to the Insolvency Rules. In order to accomplish this task, all of the insolvent company’s financial and trading records will […]
30/08/23

Get in touch

Need legal assistance? Contact our experienced team for prompt and professional support.
Old map of Birmingham