It is possible for a director to make an application to remain acting as a director or be involved in the management despite a disqualification order or undertaking. We have a 100% success record in these applications going back to 2002. Our team can help you back into business.
It is possible to remain a director of a company despite formal disqualification.
It will require permission from the court to continue acting as a director (or being involved in the management of an existing business). The procedure is governed by the practice direction on director disqualification proceedings which came in to effect in April 1999. It requires a formal application to court.
This involves preparation of evidence in support of the application. This will consist of drafting affidavits (a type of written statement) in support of your application. These will need to exhibit all supporting documentary evidence backing up or referred to in your written statements.
If you are already subject to a director disqualification order, the application is commenced by filling out a claim form. If you are subject to on-going proceedings, it is done by way of an application notice. 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 conditions you agree to give as part of permission being granted by the judge; and
- sworn copies of all your finalised written evidence.
The length of the 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 into 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.
This is a vitally important stage as otherwise you can be bound by very onerous conditions as part of being granted leave to remain a director despite disqualification.
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. At FWJ we have excellent relationships with barristers experienced in this area of the law.
Whatever your director disqualification enquiry, our team can help. We have 100% success rate going back to 2002 at getting permission for directors to act as directors despite disqualification. Let out team review your claim and help you get on with your life. Contact us today. We can help.