Acting whilst disqualified is very serious. It can lead to longer periods of disqualification, personal money claims and even imprisonment. Our superb team has been defending directors since 2002 and have successfully helped 100's directors in that time. Let us help you too.
If you face being disqualified, whether that be by way of a disqualification order or a disqualification undertaking, then you need to plan your current company affairs well in advance of any such disqualification.
If instead you are unaware of, or ignore, the disqualification then you face considerable personal risk as follows
- if your current company enters into insolvency, the legal position is that you will be personally responsible for all debts incurred by the new company (in insolvency) whilst you were acting whilst disqualified;
- you only need to be registered as a director or taking decisions that only a director can take to be liable under this provision;
- acting as a director whilst disqualified, even if not recorded as one (the law no longer differentiates between a director registered at Companies House and someone who directs the company without holding him / herself out as a director) is a criminal offence punishable by up to 5 years in prison.
Although you may consider such punishment unlikely, we have experience of circumstances where individuals have been sent to prison for acting whilst disqualified.
We can assist you avoid these personal risks
If you act within a company but are unsure whether your role is breaching the disqualification, we can assist in the following ways:
- issue an application pursuant to Section 17 Company Directors disqualification Act 1986 for leave / permission to act as a director despite the disqualification; or
- issue an application pursuant to Section 17 Company Directors disqualification Act 1986 for leave to act in the management, promotion or formation of the company despite the disqualification; or
- issue an application for a declaration by the court that your role does not breach the disqualification.
Our specialist director disqualification team is here to help you. We are the leading team of disqualification experts in the UK. Call for your consultation now. Alternatively e mail us with your enquiry and we will call you back at a time convenient to you.
FWJ exceeded my expectations by not only avoiding an order for my disqualification as a director but also negotiating a complete withdrawal of the prosecution. This has been such a relief and weight off my mind after many years and I am very grateful to them. I strongly recommend instructing them at the very earliest opportunity. Timely advice, realistic expectations, prioritisation and logical legal presentation were key.A company director we successfully defended against a director disqualification claim by the Registrar of Companies