Offences involving breach of disqualification orders
Produced in partnership with Cameron Brown of 9–12 Bell Yard
Offences involving breach of disqualification orders

The following Corporate Crime guidance note Produced in partnership with Cameron Brown of 9–12 Bell Yard provides comprehensive and up to date legal information covering:

  • Offences involving breach of disqualification orders
  • Breach of bankruptcy offence under Section 11 Company Directors Disqualification Act 1986
  • Procedure under Section 11 Company Directors Disqualification Act 1986
  • Elements of the offence under Section 11 Company Directors Disqualification Act 1986
  • Defences to failure to disclose offences in bankruptcy
  • Sentences for bankruptcy offences under the Company Directors Disqualification Act 1986

Breach of bankruptcy offence under Section 11 Company Directors Disqualification Act 1986

The purpose of the offences is to punish bankrupts who have been directly or indirectly involved in the formation, promotion or running of companies.

It is an offence for a person to act as a director of a company or directly or indirectly to take part in or be concerned in the promotion, formation or management of a company, without the leave of the court, at a time when they are an undischarged bankrupt or there is a bankruptcy restrictions order in force.

Procedure under Section 11 Company Directors Disqualification Act 1986

The offences under section 11 are triable in the Crown or Magistrates Court (‘triable either way’).

A company includes a company incorporated outside the United Kingdom but where it has an established place of business in the United Kingdom

Elements of the offence under Section 11 Company Directors Disqualification Act 1986

The offence covers the situation where an individual is acting as a shadow director. Promotion and/or management of a company is a question of fact and will often be proved by way of witness evidence from other directors, employees or creditors.

Formation