Director Disqualification - procedure for remaining a director despite disqualification
The Procedure for seeking permission to remain (or be appointed) a Director - Section 17 of the Company Director Disqualification Act 1986
In terms of seeking permission from the director disqualification court to continue acting as a director (or being involved in the management of an existing business), the procedure itself is relatively straightforward. It is governed by the Practice Direction on Director Disqualification Proceedings which came in to effect in April 1999.
Prepare evidence in support of the claim. This will consist of drafting director disqualification affidavits (a type of written statement) in support of your claim. These will need to exhibit all supporting documentary evidence backing up or referred to in your written statements.
If already disqualified, you start your application by filling out a Claim Form. If you are subject to on-going proceedings, you do it by way of an Application Notice (a simple precedent document). Attached to the Application Notice or Claim Form will be
- A draft of the order you are seeking from the court
- A list of the proposed director disqualification conditions you agree to give as part of permission being granted by the Judge
- Sworn copies of all your finalised written evidence.
The length of the director disqualification hearing will depend upon the volume of evidence to be heard and the attitude of the Secretary of State to the application.
Serve the Application Notice, Draft Order and finalised evidence on the Secretary of State (or its solicitors if they have one) at least 3 clear working days before the date of the hearing (although longer is always better as there are always pre hearing negotiations).
Enter in to negotiations with the Secretary of State (or its solicitors) as to the terms of the Draft order you are seeking and look to reduce any differences between the parties
Attend the hearing and present the case to the court. This will need to be done by a barrister skilled in this area of the law.
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