The number of people being disqualified from being able to act as a company director is significantly higher over the course of the last 12 months compared with a comparable 12 month period at the turn of the millennium. The powers of the Secretary of State to disqualify a director are set out within […]
After a company is wound up the liquidator will investigate the affairs of the company. If it is apparent to a liquidator that the conduct of a director, in relation to the insolvent company, was “unfit”, he is required to inform the Secretary of State by reporting these concerns to the Insolvency Service. On […]
There is a very important safeguard contained within the Company Directors Disqualification Act 1986 (“the Act”) that, in theory, protects people who are participants in disqualification proceedings, and whose conduct may amount to criminal conduct. Section 20 (1) of the Act makes it clear that, when defending an application by the Insolvency Service to […]
The modern personal bankruptcy regime in the UK is intended to be ‘non-judgemental’. Gone are the days of debtors prisons in favour of a culture that recognises that a nation of risk taking entrepreneurs sometimes produces losers. However, there is still a requirement for extreme behaviour to be moderated and controlled. These controls […]
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