How is a director disqualified?

In order to disqualify someone as a director, the Secretary of State obtains a director disqualification order in a number of ways:

  1. It can seek agreement to a voluntary director disqualification undertaking from an individual. This is a voluntary low cost process and normally happens before formal legal director disqualification proceedings.
     
  2. In the absence of a voluntary director disqualification undertaking, the Secretary of State can bring formal legal director disqualification proceedings against the individual concerned and ultimately, can seek a director disqualification order at a full trial of the claim at court.
     
  3. There is provision in criminal proceedings that the criminal judge can also add a further sanction to the criminal sentence by adding a director disqualification order to those proceedings.
     
  4. There is also ability in the Magistrates court for them to make a director disqualification order against an individual on the basis of repeated failures to comply with company legislation such as failure to file company accounts.

Whatever the circumstances, Francis Wilks & Jones are the country’s leading firm of director disqualification defence lawyers. Whatever your enquiry, you should contact us for your expert and instant advice. 

 

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