It is possible to get disqualified as a director in the Magistrates court - usually for failing to file accounts or not complying with other company statutory obligations. Our disqualification team is headed by Stephen Downie who loves in Cardiff - so knows exactly how to handle claims in the Cardiff Magistrates court. Let us help you.
The Company Directors Disqualification Act 1986 provides an authority to Criminal courts to disqualify directors, usually for wrong doings they have perpetrated and which form part of criminal proceedings (for fraud, theft or similar crimes).
At Francis Wilks & Jones we can assist you with any magistrate court claims
Failure to file accounts & annual reports
Under Sections 441 and 854 of the Companies Act 2006 there are statutory requirements for companies to file Annual Accounts and Annual Reports.
In small companies (and sometimes in larger ones) this duty can get overlooked by the company and its directors, sometimes because the company is dormant or by reason of the cost of employing an accountant and the filing fee at Companies House.
Whilst in certain circumstances these filing responsibilities can be avoided for dormant companies by completion of certain documents, generally these documents are not completed and thus the company does not benefit from this exception.
- the Registrar of Companies will almost certainly pursue directors for such a failure;
- whilst initially notice will be in writing, if the position is not quickly remedied (or even if it is) then criminal proceedings will be issued (usually at Cardiff magistrates court, where the director will be required to attend);
- the criminal penalty will usually be a fine;
- if however this offence is repeated, the magistrates can (and very often do) attach an order disqualifying the defendant from acting as a director for a period of between 1 and 5 years. This can have a sudden and drastic impact on that individual’s business interests and if the individual further ignores this disqualification order, s/he may then face a criminal proceedings leading to his/her imprisonment.
Early engagement with the Registrar of Companies is vitally important.
At Francis Wilks and Jones we have considerable experience of corresponding with the Registrar of Companies, negotiating withdrawals of proceedings or alternatively attending the hearing at Cardiff magistrates court and making representations with a view to persuading the court not to make a director disqualification order. Our specialist director disqualification team is here to help you.
Francis Wilks & Jones acted with great professionalism, responding quickly to my requirements, leading to an eventual withdrawal of the claim against me and my son. I am extremely gratefulA client who approached us just two weeks before the trial of a large director disqualification claim against him and his son