When can the Court make a disqualification order?

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When can the Court make a disqualification order?


A director can be disqualified for a number of reasons by the court:

Unfit conduct in the promotion, formation, management or liquidation of a company.
Wrongful trading (such as trading while insolvent). 
• Failure to comply with filing requirements under the Companies Act legislation.
• Breaches of competition law. 
• Following conviction for criminal offences (either in the UK or abroad) related to the promotion, formation, management or liquidation of a company.

Is there a time period to apply for a disqualification order?

Disqualification proceedings must be commenced against the director within three years of the first date of insolvency (ie the first winding up order, voluntary liquidation, administrative receivership or administration) if it is made after 01 October 2015.

This is a change as if the company was insolvent before 1 October 2015, then an application for a disqualification order against the director must be made within 2 years.

Our team can assist you if you believe you may become subject to a Disqualification Order. If you would like to have a confidential discussion with a member of our team, if you complete our contact us form, we will call you back at a time that is suitable for you or you can contact us on 01908 414990.

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