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Regulatory & Disciplinary

Director Disqualification

Experienced Director Disqualification Solicitors in Manchester and London

Disqualified directors will be prevented (banned) from acting as director of a company and from holding a managerial role within a company for up to 15 years. Our experienced director disqualification solicitors can give you expert advice and assistance should you be facing disqualification. 

Disqualified directors are not able to hold, run or even start a new company. Besides, a fine or imprisonment might happen to he/she as the terms of disqualification is breached.

What causes a director to be disqualified?

  • Do not follow the company rules
  • Do not keep company records and report changes
  • Do not file your accounts and your company tax return
  • Do not pay corporation tax

The reason given above might cause a director being fined, prosecuted and disqualify according to the latest regulatory.

Who can make a director disqualified?

  • The Competition and Markets Authority (CMA)
  • The courts
  • Companies House
  • Insolvency Practitioner
  • Insolvency Service

What we can do?

  • Advising disqualified directors on their duties and responsibilities.
  • Entering into negotiations with the Insolvency Service on behalf of directors with a view to achieving a settlement, so to avoid disqualification proceedings being issued at Court.

Contact Our Director Disqualification Solicitors

If you would like to enquire about any matters regarding director disqualifications please complete our online contact form here or send an email to us at [email protected] and one of our solicitors shall call you back. Alternatively, please call our disqualified director solicitors on 0330 127 8888 for a no obligation discussion.

Monarch’s award winning legal team are based in our Manchester and London offices.

We are also able to leverage an international network spanning across Hong Kong, Turkey and Dubai to provide seamless assistance with cross-border matters relating to corporate tax law.

We are also able to leverage an international network spanning across Hong Kong, Turkey and Dubai to provide seamless assistance with cross-border matters relating to director disqualifications.

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FAQ

Most frequent questions and answers

The type of activities the law calls “unfit conduct” for company directors includes:

  • Continuing to trade when a company can’t pay debts
  • Failing to keep proper accounting records
  • Not providing accounts and returns to Companies House
  • Not paying Corporation Tax
  • Using company funds for personal use

Automatic disqualification happens if you’re declared bankrupt, given a Debt Relief Order or subject to bankruptcy or debt relief restrictions. And you can be prosecuted for conducting business on the instruction of a disqualified person.

Action taken against directors accused of not meeting their responsibilities and duties can be started by:

  • The Insolvency Service – if your company (or you) are involved in insolvency proceedings
  • Companies House
  • The Competition and Markets Authority (CMA)
  • The courts
  • A company insolvency practitioner

The average length for a director disqualification order is roughly 5 to 6 years, the maximum sentence someone can receive is 15 years. 

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