A disqualified director can be a shareholder of a company. But it is vital not to stray in to a management role and breach the court order as this can be very serious and even end up with a prison sentence. Our team has been advising directors since 2002 on all aspects of director disqualification. Let us help you too.
One of the most astute appointments I have ever madeA company director we successfully defended against disqualification
The Company Director disqualification regime applies to all directors.
A “director” is not precisely defined in legislation but refers to all individuals who hold the position of director by whatever name called (section 250 Companies Act 2006). This includes:
- de facto directors – directors who are held out as directors or perform functions which could only be carried out by a director, but who are not formally recorded as director in the company’s statutory records and at Companies House;
- shadow directors – those individuals who whilst not openly acting as a director may instruct the company’s directors in the performance of their duties and the direction of the company. This is defined by Section 251 Companies Act 2006;
- corporate directors – i.e. companies who sit on the board of directors and are appointed as such;
- directors of corporate directors;
- non-executive directors – whose responsibilities in respect of the management and direction of the company, including its financial affairs, are no different to that of appointed de jure directors;
If shareholders act in any of the above ways it will be extremely difficult to distance themselves from any allegations of unfitness as a director in legal proceedings. As such, all individuals involved in the management of a company must be aware of what their role is and whether it is conduct that could only be performed by a director. Otherwise it could be a breach and lead to a penalty.
Please contact one of our friendly expert disqualification solicitors now for your consultation. At Francis Wilks & Jones, we have over 75 years’ of combined legal expertise in legal proceedings by the Insolvency Service or Secretary of State. Feel free to review our website and the many different examples of cases we have successfully assisted our clients on.
I was greatly impressed with FWJ. Their commercial approach combined with specialist knowledge and tactical expertise was pivotal in the claim being dropped and costs recovered in full.A director we defended in disqualification proceedings