Directors’ disqualification

Directors’ disqualification guidance:

APPLICATION NOTICE Form IAA Rule 1.35 of the Insolvency (England and Wales) Rules 2016 Court Reference No. [insert number] [IN THE HIGH COURT OF JUSTICE BUSINESS AND...

Precedents

Correct jurisdiction and parties The Court's jurisdiction CDDA 1986, s 17(1) states: 'Where a person is subject to a disqualification order made by a court having...

Practice Note

Applications for leave to act as a director, and the possible conditions attached to leave Once a director is disqualified under CDDA 1986, he may apply to the court for...

Practice Note

This practice note discusses the ability for a disqualified director to apply for permission to act as a director despite disqualification, using s 17 of the Company...

Practice Note

Despite their penal nature, disqualification proceedings are civil proceedings, and the general principles relating to costs that apply to other civil proceedings also...

Practice Note

Definition of 'director' The Companies Act 2006 (CA 2006) broadly defines a director as 'any person occupying the position of director, by whatever name called'. Within...

Practice Note

A disqualification order is made to protect the public from those who, for reasons of dishonesty, naivety or incompetence, abuse their role and status as a director....

Practice Note

Pre-action investigation and protocol Who brings proceedings under s 6 Company Director's Disqualification Act (CDDA) 1986? All proceedings under CDDA 1986, s 6 are...

Practice Note

The legislation surrounding director disqualification applications under section 6 of the Company Directors Disqualification Act 1986 (CDDA 1986) can be found under: •...

Practice Note

Since 25 April 2017, it has been mandatory to use electronic filing (e-filing) in all jurisdictions of the Rolls Building, which includes the Insolvency and Companies...

Practice Note

Miscellaneous procedural points Disclosure There is normally no formal standard requirement for disclosure of documents under the Part 8 procedure. A party to...

Practice Note

The purpose of this Practice Note is to: • describe section 216 of the Insolvency Act 1986 (IA 1986) • discuss the exceptions to that section • discuss how those...

Practice Note

There are various ways in which a director can be disqualified from acting as a director of a limited liability company. The most common of these is to be disqualified...

Practice Note

This Practice Note deals with appeals against orders made in directors’ disqualification proceedings in England and Wales. Statutory provisions and rules of court Appeals...

Practice Note

Disqualification Directors Principally, disqualification proceedings are brought against directors of companies. Proceedings are brought pursuant to the Company Directors...

Practice Note

Commencement of disqualification order and undertaking Section 1(1) of the Company Directors Disqualification Act 1986 (CDDA 1986) provides that a disqualification order...

Practice Note

The purpose of section 216 of the Insolvency Act 1986 Section 216 of the Insolvency Act 1986 (IA 1986) is aimed at preventing phoenix companies from causing a...

Practice Note

The Small Business, Enterprise and Employment Act 2015 (SBEEA 2015) received Royal Assent on 26 March 2015 and introduced a series of amendments and legislative...

Practice Note

Section 6 of the Company Directors Disqualification Act 1986 Section 6 of the Company Directors Disqualification Act 1986 (CDDA 1986) provides that: • 'the court shall...

Practice Note

How can a director be disqualified? There are many ways in which a director may be disqualified, from the various sections under the Company Director's Disqualification...

Practice Note