All companies that become insolvent will be appointed a liquidator. As well as settling the affairs of the company, they are tasked with investigating the causes of its failure. If the liquidator discovers ‘unfit conduct’ on part of the company directors, it will be referred to the Secretary of State who has the power to begin proceedings of disqualification. Although there are no hard and fast rules to what amounts to ‘unfit conduct’, the scope can be as wide as failing to file proper company accounts to gross negligence.
If the Secretary of State intends to disqualify you, you will be informed in writing by the Insolvency Service. At this stage, it is crucial to seek legal advice from a specialist in directors’ disqualification. Directors’ disqualification is a particularly unique and complex area of law that cannot be handled by the everyday solicitor – not only does it require a thorough understanding of the law but a serious analysis of an extensive amount of evidence. Lead director Qasim is a consulting editor to the foremost publication on directors’ disqualification (“Mithani on Directors’ Disqualification”) and has a proven track record in successfully defending clients from disqualification. We are proficient in a range of strategies, so whether that means presenting a defence in a courtroom, or negotiating an out of court settlement, Merit Legal provides a distinguished level of service when it comes to directors’ disqualification.