Director Disqualification Details This screen shows details of current disqualification orders.

A director may be disqualified as a result of an investigation by one of the following authorities:-

• The Police - if fraud is suspected.
• DTI Investigations - for general misconduct whilst running a company.
• The Insolvency Service - usually as a result of an investigation of failed companies where a director knowingly continues to trade whilst insolvent.
• Companies House - for breaches of the filing requirements as specified in the Companies Act.

If a case is proven, an individual is disqualified by order of court. On such occasions, for the period of time specified in the order the director shall not without leave of court:-

• Be a director of a company.
• Be a liquidator or administrator of a company.
• Be a receiver or manager of a company's property.
• Be concerned or take part, whether directly or indirectly, in the promotion, formation or management of a company.

Disqualifications are made under the Company Directors Disqualification Act 1986, Sections 2-12. For example, CDDA 1986 S6.

Sections 2 - 5: Disqualifications for general misconduct in connection with companies:-

2: On conviction of an indictable offence.
3: For persistent breaches of company legislation.
4: For fraud, etc, in winding-up.
5: On summary conviction.

Sections 6 - 9: Disqualification for unfitness to act as company director:-

6: Unfit directors of insolvent companies.
7: Disqualification undertaking made by an individual
8: Disqualification after investigation of company.
9: Matters for determining unfitness of directors.

Sections 10 - 12: Other cases of disqualification:-

10: Participating in wrongful trading.
11: Undischarged bankrupts.
12: Failure to pay under county court administration order.

The maximum period of disqualification is 15 years.Section 17 of the Company Directors Disqualification Act 1986 - Application for leave under an Order

A Director may apply to the Court to vary the terms of the original Disqualification Order. In certain circumstances the court may allow the disqualified individual to continue as a director of a specific company or companies for either an interim period of time or the whole term of the disqualification. Details of any exemptions will be provided.

For further information, please refer to the Company Directors Disqualification Act 1986.