HomeFWJ TakeawayDirector disqualification claimsCommon reasons for disqualificationDirector disqualification for giving professional advice

Having the right legal team in place can make all the difference when dealing with director disqualification matters. We have been advising directors since 2002 and have dealt a huge range of individual circumstances. Our expertise means that every client gets the tailored solution fit for them. Call us today. We can help.

If there was ever a star rating for law firms, Francis Wilks & Jones would score five stars plus. Professional and pro-active, they were able to understand my problem quickly, provide expert advice, outline a solution and put it into place with a successful outcome. I should have gone to them sooner

A client we successfully defended in director disqualification and insolvency related proceedings

The answer to whether professionals should be concerned about director disqualification proceedings for giving professional advice is generally no.

Giving advice in a professional capacity to a limited company does not normally make someone a shadow director. However, you may be more at risk in certain situations – for example as an in-house lawyer or a financial adviser.

To minimise risk liability of director disqualification a person concerned should

  • ensure that all business decisions are properly taken by the board;
  • ensure that any advice given does not take the form of a “dictat”;
  • avoid taking control of the financial affairs of the company you are giving advice to;
  • always make sure that minutes of board meetings reflect that decisions have been made by the board; and
  • always ensure the minutes reflect the capacity you are attending in (i.e. not as a director – for example as an advisor to the board).

There have been instances where management consultants have been disqualified and held to be de facto directors but the above should help avoid this situation arising.

Please contact one of our friendly expert team now for your consultation. At Francis Wilks & Jones, we have all the experience required to deal with any type of director disqualification proceedings. Feel free to look at our website and the many different director disqualification examples of cases where we have successfully assisted our clients.

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

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