If you are a director and have been threatened with disqualification, our team can help explain the implications and the options available to you.
A director can be disqualified for various reasons, including wrongful trading, fraudulent trading or behaviour adjudged to be ‘unfit’ conduct. Failing to adhere to your duties as a director can result in an investigation and disqualification in certain circumstances.
Disqualification is dealt with by the Company Directors Disqualification Act 1986 (CDDA).
You are very unlikely to be disqualified if your company is insolvent or goes into liquidation. You would only be at risk if you had acted fraudulently, wrongfully or stupidly (as defined by the Act or party making the accusation).
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Alternatively, you may not have received a threat, but want to be proactive in your role as a director and understand your duties to prevent any future issues arising. We can help clarify director’s legal obligations to reduce the prospect of director disqualification.
A Director Disqualification can have many consequences personally and commercially. It can affect any other Companies in which you are involved in. It is a stressful and uncertain time and we have the experience to offer you tailored advice to guide you through all steps of the process.
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rhw offer a comprehensive Dispute Resolution package and can assist with matters of disqualification or threats of disqualification.
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