What is Unfit Conduct?

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What is ‘Unfit conduct’?

You can be disqualified from being a company director if you do not meet your legal responsibilities and duties. Examples of unfit conduct that will result in an investigation and disqualification:

  • If you incurred fraudulent behaviour.
  • If you continued to trade to the detriment of creditors when the company can’t pay its debts.
  • If you failed to keep proper or deliver company accounting records.
  • If you failed to prepare/file accounts and other statutory returns to Companies House.
  • If you failed to prepare/file company tax returns or pay tax due to HMRC.
  • If you used company money or assets for personal benefit.
  • If you continued to take credit when there is no reasonable prospect of creditors being paid.
  • If you failed to co-operate with the official receiver/liquidators request.

Unfit conduct in overseas companies after 1 October 2015 may also be taken into account.

Top tip: A disqualification order does not prevent you from taking a job with the company or from operating as a sole trader.

Top tip: If you have taken an employed position within a company then make sure that you do not behave as though you are a director or ask others to act on your behalf.

Director disqualification is a gruelling process that can have a severe effect on those involved. If you are concerned you might be found unfit, it’s best to seek expert legal advice from us before proceedings begin. If you have received a letter from the Insolvency Service or you believe you may soon receive a letter, our team of specialists can assist you through this process. Our team can also advise you on the potential impacts on other business interests you may hold.

If you want to speak to a member of our team for a confidential discussion on concerns you may have relating to Unfit Conduct please either complete our contact us form or call us directly on 01908 414990.

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