HomeFWJ takeawayTakeawayDirector disqualification claimsDealing with early Insolvency Service enquiriesGrounds for which a director can be disqualified – a general guide on unfitness

Section 6 of the Company Director Disqualification Act sets out all the key areas of misconduct which can lead to a disqualification order. Over the last 20 years our team has successfully defended directors across a wide range of allegations, from the commonly cited non payment of HMRC to much more unusual claims. We can help you.

Unfitness is governed by section 6 of the Company Director disqualification Act 1986. Although cases are always judged on their own individual facts, certain common threads can be determined from the various decisions made by the courts when determining unfitness pursuant to Section 6 of the CDDA 1986.

Grounds for director disqualification in relation to unfitness include

  • disqualification of a director for incompetence;
  • disqualification of a director for inactivity or failure to act;
  • disqualification of a director for failure to supervise or keep informed;
  • disqualification for improperly delegating director functions;
  • disqualification of a director for continuing a failed business model;
  • disqualification for excessive remuneration / pay;
  • disqualification of a director for failing to pay HMRC;
  • disqualification for trading to the detriment of a creditors
  • disqualification for misappropriation of company property
  • disqualification of a director for conducting a policy of deliberately not paying HMRC
  • disqualification of a director for failing to delivery up company property and documentation;
  • disqualification for retention of company property or money;
  • Director disqualification for failing to prepare or file annual accounts or other accounting records;
  • Director disqualification for paying one creditor in priority to other creditors in the face of imminent insolvency.

Francis Wilks & Jones is the county’s leading firm of solicitors. We are genuine experts in what we do with a combined experience of over 50 years in director disqualification claims. Contact one of our friendly team now for your consultation.

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