Clear thinking and pragmatic approaches when the pressure is on
Being a company director brings with it a whole host of legal responsibilities and failing to fulfil these can in worst case scenarios lead to disqualification. Ideally, organisations will have in place the processes and procedures to make this highly unlikely.
If things do go wrong, you’ll need speedy expert legal advice from a team of highly experienced commercial solicitors that will understand the ins-and-outs of this complicated area of the law. Scott-Moncrieff’s commercial team has dealt with numerous disqualification applications. Our pragmatic approach is just what’s needed when things appear to be moving fast. We’ll intervene and take the pressure off, so you have time to think.
If the timing is right, we’ll do our utmost to avoid a disqualification order being made. In cases where disqualification is already in the pipeline, we’ll use our expertise to try and reduce the period of disqualification. Our team of commercial solicitors can also give practical advice to formerly disqualified directors to help them get their careers up and running again. Our commercial solicitors serve clients throughout England, including London, Bristol, Manchester, Birmingham, Newcastle, Leeds and Liverpool.
What causes a director to be disqualified? The Law in England
Surprisingly, anyone can report a company director as being ‘unfit’, which can mean:
- allowing a company to continue trading when it can’t pay its debts
- not keeping proper accounts, not sending accounts and returns to Companies House
- not paying tax owed by the company
- using company money or assets for personal benefit.
The main bodies that can apply to have you disqualified are:
- Companies House
- The Insolvency Service
- the Competition and Markets Authority (CMA)
- the courts
- a company insolvency practitioner.
In an ideal world, every director would be fully aware of his or her legal obligations and disqualifications would be far rarer than they are. Our commercial lawyers will advise if you’re looking to set up procedures to ensure your directors don’t make any costly mistakes.
If a disqualification does go ahead, our lawyers will accompany you throughout the process, preparing you for each step and helping to minimise any damage to the business.
Legal Advice: Costs
We’ll make sure you know exactly what costs you’re incurring, sending regular updates so there are no nasty surprises at the end.
Contact our Commercial Solicitors in London