How director disqualification works in the UK
In Great Britain a director can be banned for up to 15 years, either by a court order or by a voluntary undertaking given to the Insolvency Service.
- The government says directors can be disqualified for unfit conduct, such as letting a company trade when it cannot pay its debts, not keeping proper accounting records, not filing accounts or tax, or using company money for personal benefit.1
- The Insolvency Service may investigate when a company is in insolvency proceedings or a complaint is made. Companies House, the Competition and Markets Authority, the courts and insolvency practitioners can also apply for disqualification.1
- Before starting proceedings the Insolvency Service must set out in writing what it thinks the director did. The director can defend court action or give a disqualification undertaking, which ends the court case.1
- A disqualification can last up to 15 years.1
- A disqualified person cannot act as a director of a UK company, or an overseas company with UK connections, or be involved in forming, marketing or running a company without the court's permission. Breaking a ban can lead to a fine or up to 2 years in prison.1
- The Companies House register records the type of disqualification, the law used, the start and end dates and the companies concerned. For example it records an 8 year undertaking by Richard Howson under section 7 of the Company Directors Disqualification Act 1986 for conduct at Carillion PLC.2
Sources
- GOV.UK, Company director disqualification (29 January 2016)
- Companies House, Disqualification details for Richard John Howson