It is possible to apply to the court for leave or permission to act as a director, or take part in the management of the company while disqualified. Permission from the court is essential if a disqualified director is to avoid committing a criminal offence. A formal application can be made to the court which may be subject to a rigorous process. The director will have to satisfy the court that they do have reasonable need to what they are asking and that the public will be adequately protected. The court may impose conditions or restrictions on the director.
Top tip: Any family members of a disqualified director being appointed to act in place of the disqualified director should be avoided. This is risky not only for the disqualified director but also for the nominee who will be personally liable for all debts of the company incurred whilst they acted on the instructions of the disqualified person if they knew that person was subject to disqualification.
Our team can assist you if you have concerns about how being disqualified as a director may impact your business or future business opportunities. 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 directly on 01908 414990.
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