Contact us now if you are threatened with Director Disqualification
If you are threatened with Director Disqualification proceedings by the Secretary of State/Insolvency Service, talk to us. We have an excellent track record in helping to reduce or eliminate the prospect of disqualification for directors. The Director Disqualification team at NDP is headed by Neil Davies, and is made up of experienced Solicitors who have worked for the Insolvency Service and who have acted for and against the Insolvency Service. The Insolvency Service is the main body that conducts investigations into the conduct of directors at their companies. The Insolvency Service has many powers, and when it threatens a director with disqualification, the threat must be taken seriously. We know what they want, what the best solutions for our clients are to avoid disqualification and how to achieve them. The key issue for a director facing a disqualification investigation is to act early to maximise the available options. Have a look at some of our testimonials where we have helped directors of companies avoid disqualification. We like to say that no hole is too deep for us to help, and aim to be the directors’ friend, helping and supporting all along the way. If you are threatened with Director Disqualification, the sooner we talk, the more we can do to help. Call us 0121 200 7040, for a FREE initial discussion, or Contact us.
10 Reasons to use us if you are threatened with Director Disqualification.
If you are a director or a shareholder and you are facing Director Disqualification or a Misfeasance Claim, the quicker you take professional advice the more likely it is that you will get a positive outcome. We have a strong track record in successfully defending our clients in these areas of law. Click here to see 10 reasons why Directors and Shareholders should use Neil Davies & Partners to defend them against Director Disqualification and Misfeasance actions.
Director Disqualification and Misfeasance Claims Against Directors are Increasing.
Director Disqualification is on the increase. We know what the Insolvency Service wants and we know what the best solutions for our clients are and how to achieve them when facing director disqualification. The key issue for a director facing a director disqualification problem is to act early, to maximise options. Click here to see our 5 Helpful Facts about Director Disqualification and how to deal with it.
Seismic Changes to Director Disqualification Law are here under the Company Directors Disqualification Act 1986.
- The Small Business, Enterprise and Employment Act 2015 (‘SBEE’), which gained Royal Assent on 26th March 2015 introduced major changes to director disqualification law and practice, all of them weighted against the director in favour of the State. Click here for more details.
- The number of director disqualifications and misfeasance claims against directors is increasing. Click here for more about what the Duties and Obligations of the Professional Adviser are in such cases. These duties, especially for accountants and auditors, are under increasing scrutiny.
We are regularly referred director disqualification cases by other Solicitors, Insolvency Practitioners, Accountants, local Law Societies and other professionals. They know our expertise in this area of work and are content to entrust their clients to us. NDP’s Solicitors have an enviable reputation for excellence in this field of work.
Director Disqualification is stressful and has serious consequences
From the moment the notification of investigation from the Insolvency Service arrives, the whole process is stressful. In addition, the cause of the investigation is usually due to companies facing a stressful insolvency or bankruptcy, perhaps through the non-payment of crown debt or other tax debts. Being disqualified from acting as a director can have serious business and personal consequences for the director and his/her family. Acting positively as early as possible is vitally important, and allowing NDP to help may help the director avoid the prospect of disqualification, or result in a lower period of disqualification.
Contact us if you are under investigation
If the Insolvency Service is threatening you with a director disqualification investigation, call us now on 0121 200 7040 for a FREE initial discussion, or contact us online. The quicker you get in touch, the more we can do to help. Director Disqualification is a detailed and complex area of law. For a list of questions that we are frequently asked in this area (FAQs), and their answers, click here. See below for the areas that we can help you in if you have a director disqualification problem, and click for testimonials from our clients and case studies of our work.
Director Disqualification and Compensation Orders
Dealing with pre-action correspondence
- Don’t ignore it.
- That letter gives a time limited opportunity to the director to make representation (in writing or in a meeting) as to why disqualification is not necessary or in the public interest – use the opportunity. NDP’s Solicitors are well used to maximising this opportunity to best advantage for the director.
This pre-issue period is, in most cases, a time when you can tell your story to the Insolvency Service, in a structured and coherent way, without any risk that you will be responsible for the opponent’s costs. If you have any documents or witnesses that you believe assist your case, now may be the time to produce them and their evidence to your opponent. NDP’s Solicitors are well used to dealing with all of the above issues. Contact us for help and advice.
Advising you as to the merits of the claim and your options
Defending disqualification proceedings, where appropriate
Negotiating settlement by Undertakings
- 2-5 years – this is known as the “lower bracket”
- 6-10 years – this is known as the “middle bracket”
- 11-15 years – this is known as the “higher bracket”
Subject to the “gravity” of the offences giving rise to the allegations of unfitness, an individual will face disqualification in one of those 3 categories. If a person who is already subject to an Undertaking or formal court imposed Director Disqualification Order then agrees to a further voluntary Undertaking for a second “offence”, the Order shall run concurrently (Section 1A(3) of the Company Director Disqualification Act 1986). The Secretary of State will nearly always accept a Disqualification Undertaking if one is offered, providing that 2 main conditions are met:
- The Secretary of State must be satisfied that the person offering the Undertaking is or has been a director of a company which has at any time become insolvent and that the conduct of that person as director of that company makes him unfit to be concerned in the management of a company.
- Secondly the Secretary of State must believe that it is in the ‘public interest’ that he should accept a Disqualification Undertaking instead of applying or proceeding with an application for a formal Disqualification Order.
Contact us for help and advice in this area.
Attending meetings with you and the opponent
Applying to Court to obtain permission to continue as a director even if you are disqualified
- a draft of the order you are seeking from the Court.
- A list of the proposed conditions you agree to give as part of permission being granted by the Judge.
- Sworn copies of all your finalised written evidence.
The length of the hearing will depend upon the volume of evidence to be heard and the attitude of the Secretary of State to the application. Step 3 Serve the Application Notice, draft Order and finalised evidence on the Secretary of State (or its solicitors if they have one) at least 3 clear working days before the date of the hearing (although longer is always better as there are always pre-hearing negotiations). Step 4 Enter into negotiations with the Secretary of State (or its solicitors) as to the terms of the draft Order you are seeking and look to reduce any differences between the parties. This is a vitally important stage as otherwise you can be bound by very onerous conditions as part of being granted leave to remain a director despite disqualification. Step 5 Attend the hearing and present the case to the Court. This will need to be done by a Barrister skilled in this area of the law. At NDP we have excellent relationships with Barristers experienced in this area of the law. NDP’s Solicitors are well used to dealing with all of the above issues. Contact us for help and advice.
If you or your business is experiencing director disqualification problems in any of the areas detailed above, contact us for a FREE initial consultation.