Tax and Insolvency Litigation Solicitor

Category: Director Disqualification

Essential questions answered about Directors Disqualification

  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 […]

Steps to prevent the start of a Directors Disqualification Investigation

  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 […]

Directors Disqualification and Criminal Investigation

  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 […]

I have received a letter from the Insolvency Service telling me that I am about to be disqualified

Being told that you are about to be disqualified from acting as a company director is not a happy day. Where the Insolvency Service recommend to the Secretary of State for your disqualification to act as a company director they should required to write to you and tell you about this.   Section 16 (1) […]

VAT Missing Traders

There are a growing number of cases where the Insolvency Service are bringing Director Disqualification cases for people that have allegedly been involved in VAT Missing Trader (“MTIC”) companies. HM Revenue & Customs have spent considerable resources over the last several years in dealing with the problem of large scale and organised VAT fraud mostly […]

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