Director disqualification is an extremely serious matter which is handled through the Insolvency Service,Companies House,The Competition and Markets Authority (CMA),the courts or even a company insolvency practitioner. If you are a director facing disqualification or perhaps an employee who feels the director with their company is unfit,you must know about how the system works. You should know very well what director disqualification is and the way it works.
What Is Director Disqualification?
Director disqualification is a procedure that begins once the director of your company is found to be unfit. Anyone should be able to report a company’s director’s conduct as being unfit and also the Insolvency Service or other body will begin an investigation. Unfit conduct will include a variety of behaviours you need to find out about.
The behaviours will include allowing the organization to carry on trading after it is not able to pay its debts in addition to not keeping proper accounting records. Not sending the accounts and returns to Companies House can also be unfit conduct as well as not paying the taxes the company owes. Using any company assets and funds for private benefit is likewise viewed as unfit conduct.
When the Insolvency Service (other other body) finds the director was unfit,they are often disqualified for fifteen years. During this time,they will likely struggle to register as being a director of any company in the UK or perhaps a company which has connections with the UK. They will also be struggling to form,market or have a company during this time period. They might also face a fine and a prison sentence as high as 24 months in the event the regards to the disqualification are broken.
How Disqualification Works
If we have seen a complaint against the director or the company is involved with insolvency proceedings,an investigation will probably be opened through the Insolvency Service. When the Insolvency Service feels that you simply did not fulfill the legal responsibilities of the role of director,they will likely inform you about this in creating. In the communication,they will likely state the things they feel makes you unfit as a director,they are going to start the disqualification process and ways to respond.
When faced with this communication,you will have 2 options. The first is to wait for a Insolvency Company to require to court for your disqualification hearing. You will be able to disagree in the courtroom if you feel that the Insolvency Service is incorrect with their assessment of your respective conduct.
The other option available is to present the Insolvency Service using a disqualification undertaking. This implies that you are voluntarily disqualifying yourself and you may not need to go to court. Once you do this,the court action will probably be ceased and you may be disqualified. It is recommended that you get legal advice before you decide to a single thing.
You should note that you have other bodies that will sign up for director disqualification. This will only be applicable under certain circumstances. These bodies will include Companies House. The courts,accompany insolvency practitioner and also the Competition and Markets Authority. The procedure by using these bodies will probably be comparable to those of the Insolvency Service.
We hope that this - explains the serious nature of Director Disqualification as well as giving you with some information as to what you need to do if you find yourself in this situation.