Directors' disqualification
Those leading or directing companies face significant potential civil liability. Any company director - or a non-director who has nonetheless played a major part in managing a company (known as a "shadow director") - who is regarded as having failed to meet proper and accepted standards of record keeping, management and governance, faces the prospect of civil proceedings to disqualify him from being a director.
Disqualification Orders are normally, though not exclusively, sought following the collapse or winding up of a company and last anything from 2 to 15 years with a heavy liability for legal fees.
In recent years Disqualification Orders have multiplied. Orders seriously impact upon the livelihoods of those concerned. Breach of a Disqualification Order is a serious criminal offence leaving the offender open to imprisonment.
We have specialist lawyers experienced in resisting disqualification proceedings and where appropriate successfully seeking orders for costs. We are well placed to advise the director concerned on any potential disqualification and where appropriate to negotiate an agreed undertaking and avoid the need for contested disqualification proceedings.