When it is triggered,the process of director disqualification is handled by the Insolvency Service. Sometimes this happens when a staff member feels one of the directors of their company is unfit. The reasons behind this are many,but any director needs to understand what director disqualification is and how it works.
What Exactly Is Director Disqualification?
The director disqualification process is commenced when the director of a company is thought to be possibly unfit for his post. It must be remembered that anyone can report a company’s director’s conduct as being unfit,and it is at this time that the Insolvency Service will start the investigation.
What Conduct is Thought to be Unfit
Unfit conduct covers a number of different behaviours that you need to understand.
These behaviours include allowing the company to continue trading when it is unable to pay its debts,although it is important to know that ‘Insolvent trading’ may not be a reason to consider that a director is unfit. However,’Wrongful trading’ is a serious offence and if a director is accused of this they would be wise to seek legal help. Other reasons are,not keeping correct accounting records,not sending the accounts,not paying the taxes that the company owes and not providing returns to Companies House. Using company assets or money for personal benefit is another reason that can be construed as unfit conduct.
If the Insolvency Service’s investigation concludes that the director is unfit,they could be disqualified for 15 years. In this time period,they will not be able act as a director of a company in the UK or for any a company that has a UK connection. They cannot get around this by working in the background either,as forming or marketing a company during this time is also not allowed. If they break these rules,the offence committed means that they could face a prison sentence of up to 2 years and a fine.
Just How Does Disqualification Work
When there is a complaint against a director or the company is involved in any insolvency actions,an investigation will be started by the Insolvency Service. At this time,if the Insolvency Service considers that the director failed to meet the legal responsibilities of the role of director,the director will be told about this in writing. This communication will include the areas where they feel the director has not met the required standards. It will also say thatthey are going to start the disqualification process and how you can respond.
When a director receives this communication,they have 2 ways forward. One of these is to wait for the Insolvency Service to start court action. Here you will be able to disagree in court saying why you think the Insolvency Service is incorrect in their assessment.
The second option is to present the Insolvency Service with a disqualification undertaking. Here you agree to voluntary disqualification and you will not have to go to court. It is however recommended that you get legal help before you take this course.
There are Other Ways of Disqualification Being Triggered
There are other groups that can apply for a director to be disqualified. However this is only allowed under certain circumstances. Such bodies include Companies House,the courts,a company insolvency practitioner and the Competition and Markets Authority. All of these groups follow a process like the Insolvency Service.
For even more help please see www.ndandp.co.uk