Tax and Insolvency Litigation Solicitor

Applying for Permission for leave to act as a Company Director

In the event that a Court makes a Disqualification Order or the former director enters into an Undertaking there is still the potential to act as a Company Director if leave is obtained from the Court.

The Court will want to be sure that there is a need for the Order to be made but that the public is protected.

It will be necessary to set out in detailed evidence the former director’s present circumstances and why it is that is necessary to be a director. The former director will have to detail all of the necessary safeguards that can be offered so that the public are protected going forward. The types of protection a court may wish to see in place include the following –

  • The appointment of additional or professional directors
  • An assurance that tax returns will be made on time
  • The appointment of professional advisers and/or auditors

The scope of Conditions that may be acceptable to the Insolvency Service will often be the subject of negotiation both before and after the leave application is made.

There is often some urgency to leave applications and they are capable of being obtained on an emergency interim basis until the full application can be considered by a section 9 Chancery Judge.

In summary, when deciding whether to make a leave application a former director should consider the following –

  • Does the period of disqualification tend to preclude a successful leave application?
  • Does the basis of the disqualification Order or Undertaking tend to preclude a successful leave application?
  • Is there a sufficient need for the former director to continue acting as a Company Director?
  • Can sufficient safeguards or conditions be put into place so that the public is protected?

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To further discuss any area of Director Disqualification with an experienced lawyer please contact us or call us on 07460 005 769.

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