Effects of a Director Disqualification Order
Whilst the Order or Undertaking will not prevent an individual from being employed by a company, (save in very rare exceptions where court permission has been granted), the disqualified director will not be able to:
- act as a director or other officer of a company,
- take part directly or indirectly in the promotion, formation or management of a company or limited company partnership or any role as a ‘shadow director’,
- act as a company Receiver.
Any breach of a Director Disqualification Order, or a Disqualification Undertaking, in appropriate cases, could be punished by way of a fine and/or a term of imprisonment up to two years, as well as a further disqualification.
The Order or Undertaking will be registered at Companies House and available for public inspection. Additionally, The Insolvency Service can publish details of disqualifications.
The prohibitions restricting activities relating to a ‘company’ extend to:
- Limited Liability Partnerships
- Building Societies
- Incorporated Friends Societies
- NHS Foundation Trusts
- Registered Societies
- Charitable incorporated organisations
- Further Education bodies
- Protected cell companies.
Many other restrictions imposed by other laws and regulations include, inter alia, prevention from:
- acting as a trustee of a charity without permission,
- acting as a school governor,
- becoming a trustee of an occupational pension scheme,
- being a member of a police authority,
- joining registered professional bodies, health commissions and social care bodies.
How Can We Help? |Kangs Insolvency Offences Defence Solicitors
Anybody who is or anticipates becoming subject of an Investigation or court proceedings of any nature conducted or issued by any prosecuting authority, including the Insolvency Service, should seek immediate expert legal guidance and advice.
The Team at Kangs Solicitors offers a nationally recognised first-class service assisting and defending clients facing allegations of fraudulent criminal activity of every possible nature.
Many problems which may appear insurmountable could well be substantially mitigated by prompt and pro-active expert guidance.
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