Facing director disqualification is a complex and potentially devastating experience. At D&N Solicitors, we specialise in offering comprehensive legal services to directors in this challenging situation. Our team of experts is well-versed in the intricacies of the Companies Act 2006 and the Company Directors Disqualification Act 1986 (CDDA), ensuring that you receive the best possible legal advice and representation.
Why Choose Us?
- Expertise: Our team has a proven track record of successfully defending directors against disqualification claims, often persuading authorities to withdraw or not issue proceedings.
- Tailored Approach: We understand that each case is unique, and our lawyers provide customised legal solutions to meet your specific needs.
- Transparent Fees: We offer competitive fixed fees for initial consultations and provide clear estimates for additional services.
Services We Offer
Our initial consultation aims to provide you with a comprehensive understanding of your legal situation. We assess the specifics of your case and outline potential strategies.
Facing the Insolvency Service can be intimidating. Our team prepares you for this crucial step by conducting mock interviews and providing key talking points.
Our lawyers are experienced in representing clients at every stage of the legal process, from initial interviews to court proceedings. We ensure that your case is presented in the most effective manner.
Negotiation and Settlement
We negotiate with the Insolvency Service and the Secretary of State to either withdraw proceedings or agree on a disqualification undertaking, thereby avoiding needing a court hearing.
If disqualification is unavoidable, we offer advice on mitigating its impact on your professional life, including potential avenues for reducing the disqualification period.
The Legal Process
- Initial Contact: When you receive an initial letter or phone call from the Insolvency Service, it's imperative to consult our legal team. Early intervention can make a significant difference in the outcome.
- Investigation Stage: During this phase, any statements or representations you make can be used against you in court. Our team ensures that your case is presented effectively to minimise negative implications.
- Court Proceedings: If negotiations fail or are not possible, we prepare rigorously for court. This includes gathering all necessary documents, evidence, and expert testimonies to build a strong defense.
- Outcome and Next Steps: Depending on the court’s decision, we guide you through the next steps, whether that involves an appeal process or compliance with a disqualification order.
Consequences of Director Disqualification
- Criminal Penalties: Continuing to act as a director while disqualified is a criminal offence, punishable by fines and imprisonment for up to 2 years.
- Civil Penalties: Breaching a disqualification order can result in personal liability for the company's debts incurred during the disqualification period.
- Reputational Damage: Being disqualified can severely harm your professional reputation, making it difficult to engage in future business ventures.
- Operational Limitations: Once disqualified, you are prohibited from being involved in the formation, promotion, or management of a company, which can have a cascading effect on your other professional engagements.
Frequently Asked Questions
What are the grounds for director disqualification?
The grounds can range from financial misconduct and insolvency to failure to meet legal obligations under the Companies Act 2006 and other related laws.
How can I avoid director disqualification?
The best way to avoid disqualification is to adhere strictly to your legal obligations as a director and seek legal advice when in doubt. Early legal intervention can often prevent disqualification.
What are the penalties for breaching a disqualification order?
Breaching a disqualification order can result in criminal charges, personal liability for company debts, and an extension of the disqualification period.
For more information or to schedule a consultation, please contact us at 01902 954 754