Testimonial from a relieved director who can now act as a director following his acceptance of a Director Disqualification undertaking.
Director Disqualification does not necessarily mean that the disqualified person cannot act as a director whilst disqualified. There is a detailed process to go through, and our Director Disqualification Solicitors are experienced in making successful applications to the Court to obtain permission for the disqualified director to continue as a director whilst disqualified. This testimonial highlights a recent successful application.
Our client takes up the story
“I had recently been made subject to a director disqualification undertaking, which meant that I was prevented from being involved in the formation, promotion, or management of any UK registered company for three years without the Court’s permission.
Signing the undertaking created a problem as I am a director/manager of a successful construction company with numerous employees and contractors. Without being able to have any sort of management responsibility within the company, it would ultimately fail as I provided the company with clients and managed them. People would have lost their jobs and projects for clients would not have completed.
To ensure the future prosperity of the company, I required permission from the Court to continue acting either as a director or a manager within the company. Without said permission, I would be breaching the terms of the Director Disqualification Undertaking by acting as a director/manager.
Given the serious implications of breaching the Undertaking, I wanted to take specialist advice to protect my position. I approached Neil Davies and Partners (NDP) for help and advice.”
We advised the client to apply for Permission to Act as a Director whilst still disqualified.
“NDP advised me that I could apply to Court for Permission to Act as a Director notwithstanding the disqualification undertaking that I had given. I had a very short period of time in which to apply for permission and rightly trusted NDP to complete and file the relevant court documents for permission and arrange an urgent hearing with the High Court in London before the undertaking became effective.
I was impressed by NDP’s knowledge and immediately felt that I had selected the right people to help me. I was impressed with NDP’s ability to organise the evidence in support of my application promptly and meet the Insolvency Service’s concerns with great skill and care, which resulted in the Insolvency Service taking a neutral approach to my application and the Court granting me permission to act as a director and continue to be involved in the management of the Company.
I now feel optimistic about the future. I cannot recommend NDP highly enough, who achieved an excellent result for me.”
Contact us if you have received a Director Disqualification and wish to Apply for Permission to continue to act as a director
This testimonial shows that it is possible to act as a director, even if already disqualified, following a successful application for permission from the Court. Our experienced Director Disqualification Solicitors know what the Court wants in order to ensure such applications stand the best possible chance of success.
Success is not guaranteed and in general the longer the period of disqualification, the harder it will be to obtain permission. However, the earlier we are involved, the greater the chances of success.