Business Legal Services

Director Disqualification Solicitors

Protect your reputation and your future ability to earn by defending allegations made by the Insolvency Service.

 

If you are a director of a limited company or partnership which has gone into insolvent liquidation or administration or administrative receivership you can be disqualified as a director for a period of between 2 and 15 years if you are found guilty of misconduct that makes you unfit to be a director.

Our team of director disqualification solicitors have years of experience dealing with the Insolvency Service. We can help you to fully defend unwarranted allegations, or negotiate to reduce the period of disqualification when there may be legitimate allegations. If the worst case happens and you are disqualified for a certain period but you wish to continue to act as a director, we can work with you to obtain permission to lawfully act as a director despite being disqualified.


Consequences of director disqualification

Director disqualification can have far reaching implications on you and your future ability to earn. Below are the most important consequences of director disqualification:

Civil

If you are found guilty of misconduct, you will be disqualified from acting as a director.

This means that you are not allowed to be a director of a company, or act as receiver of a company’s property or in any way, whether directly or indirectly, be concerned or take part in the promotion, formation or management of a company unless you have the permission of the court.

There could be other consequences, depending on your profession.  For example, you may be prevented from acting as an accountant, or solicitor by their governing body while disqualified.  You can’t sit as a trustee of a charity, or of an occupational pension scheme or be a school governor.

There may well also be ramifications for you when it comes to obtaining credit in the future.

Criminal

Where a defendant has been convicted of a criminal offence in connection with a company, the sentencing court can also make an order disqualifying the defendant from being a director for a number of years, in addition to the criminal conviction.  An example might be in the case of corporate fraud by a director.

Anyone found to breach a disqualification order given by a criminal action may be subject to imprisonment of between 12 months and two years.

Who we help

Our director disqualification solicitors are experienced in helping directors that are facing disqualification for the following reasons:

Directors that have not ceased trading when it is clear that the company is unable to meet its debts

Directors that have intentionally failed to pay tax.

Directors that have misused a bounce back loan, or have provided inaccurate information when applying for a bounce back loan.

Directors that have committed fraud or have been negligent in their duty as a director.

Directors that have moved assets out of the company, either for no value or at undervalue, to the detriment of the company’s creditors overall.

Directors that have not complied with statutory obligations.

Repaying connected persons (themselves, or family or other connected people or companies) in preference to other creditors when it is clear that not all creditors will be repaid.

How we help directors facing disqualification

Using our experience, we will assess all of your options and will clearly set out the steps you need to take to defend yourself from allegations made by the Insolvency Service.

Our director disqualification solicitors will act on your behalf, helping you complete any paperwork or questionnaires that are sent to you from the Insolvency Service. These questionnaires often contain traps and are designed to determine if there are grounds to make a claim against you. We’ll help you avoid these traps and protect your position.  

We’re here to fight your corner and take a pragmatic approach to negotiating. In many cases, even if there is a genuine reason for you to be disqualified as a director, we can reduce your disqualification period. 

Remember: It is important to seek advice early, if you leave it too late you may say or do something that harms your position, limiting the number of options available to you.


Our clients

Join over 4,400 successful businesses who have partnered with us for their legal support

The service we received from Harper James Solicitors was very efficient and everything was handled in a professional and diligent way
Martyn Boaden Company Secretary, Viscgo Ltd
Extremely helpful, very communicative and got the job done promptly. We were under time pressure, and on a tight budget - HJ dealt with both perfectly.
Andrew Slater MD, Kin Partners Ltd
Excellent team of solicitors, who are always very responsive and easy to work with.
Andrew Sweeting Chief Operating Officer , Flowerbx
Harper James is the right fit for us, I was attracted to the firm by the experience and reputation of their large team of specialist solicitors. And best of all, I have this support at a price point that’s very competitive compared to their competition.
Andrew Worsley Chairman, Harbour Healthcare
The service we received from Harper James Solicitors was very efficient and everything was handled in a professional and diligent way
Martyn Boaden Company Secretary, Viscgo Ltd
Extremely helpful, very communicative and got the job done promptly. We were under time pressure, and on a tight budget - HJ dealt with both perfectly.
Andrew Slater MD, Kin Partners Ltd
Excellent team of solicitors, who are always very responsive and easy to work with.
Andrew Sweeting Chief Operating Officer , Flowerbx
Harper James is the right fit for us, I was attracted to the firm by the experience and reputation of their large team of specialist solicitors. And best of all, I have this support at a price point that’s very competitive compared to their competition.
Andrew Worsley Chairman, Harbour Healthcare

Why choose our director disqualification solicitors?

Harper James has over 25 years experience in this area. We have worked both for the Insolvency Service in bringing claims and more recently have successfully helped clients defend claims. We have a vast range of experience to help you if you are facing disqualification.

We can help any director, either registered or simply acting as such, of a company which has gone into insolvent liquidation, administration or administrative receivership and who has had contact from the Insolvency Service.

The sooner you seek help, the quicker we can help you avoid a claim altogether, or at least you may be able to seriously reduce the consequences you may face.


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Fully account managed and scalable annual subscription plan with support from a curated team of partners and senior solicitors, with up to 34% discount on our Standard Rates.



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