There are many ways in which company directors can face sanction and criminal liability as well as disqualification, such as:
- Wrongful trading
- Disqualified directors remaining connected to the promotion, formation, management or liquidation of a company
We have acted for many company directors who have been investigated and prosecuted by BEIS or HMRC for the above offences.
We also have experience acting for directors where prosecutors have requested disqualification on conviction, such as by the Health & Safety Executive or the Environment Agency. We have also represented directors charged with offences of acting whilst disqualified from doing so, an offence that carries up to 2 years imprisonment.
We have also advised companies and directors where they have failed to report convictions to the Traffic Commissioner placing Goods Vehicle Operators Licences in jeopardy.
Directors' Disqualification - A Growing Threat
Directors' disqualification is nothing new - the current legislation (the Company Directors Disqualification Act) dates back to 1986. However, there are an ever increasing number of corporate offences that can rest with a director personally, which in turn raises the spectre of being disqualified.
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