Frequently Asked Questions for Director Disqualification Problems
NDP helps solve Director Disqualification problems. The Director Disqualification team at NDP is headed by Neil Davies, an advisory editor to the leading text on the subject, Mithani on Director Disqualification and is made up of Solicitors who have worked for the Insolvency Service and who have acted for and against the Insolvency Service.
We know what the Insolvency Service wants. We know what the solutions to director disqualification problems are and how to achieve them. The key issue for the director, in order to maximise the available options is to act early. Click here to find out more about our work in solving Director Disqualification Problems.
Director Disqualification Proceedings (DDPs) are most commonly commenced under the provisions of the Company Directors Disqualification Act 1986 (CDDA).
They are brought only against “Directors”. However it is not only the Directors registered at Companies House, who are targeted. A person may be a “Director” in law, and thus subject to proceedings, even if not registered at Companies House. Such persons may be targeted as “De Facto” Directors or as “Shadow” Directors.
CDDA proceedings usually have to be commenced against the Director within two years of the date of the formal insolvency of the company to which they relate, and Director Disqualification lasts between 2 and 15 years, depending on the severity of the admitted/proved unfit conduct.
Such proceedings usually have to demonstrate that the Director has been involved in or allowed others to be involved in “Unfit Conduct”, usually arising out of a failed company. The question of what constitutes “Unfit Conduct” has to be determined on the facts of each case.
The director’s response will depend on the facts of each case and on what the Director wants to achieve, which might be to defeat the claim against the Director or to negotiate a lower period of disqualification than is offered by the Opponent (most usually, the Secretary of State) or to enter into a Director Disqualification Undertaking in agreed terms to end the proceedings.
Director Disqualification is a large and complex legal area. In this section you will find some of the most frequently asked questions we get asked about General Director Disqualification questions, Director Disqualification Proceedings and Director Disqualification Undertakings. Click on each section below for the questions and answers.
If you are currently experiencing a Director Disqualification problem, contact us now for a FREE initial discussion on the ‘phone or over a coffee. Don’t wait until it is too late. The sooner you get in touch with us, the more we can do to help.