bto solicitors - Corporate & Commercial Business Lawyers Glasgow Edinburgh Scotland

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    "really fights your corner..." Chambers UK
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    "Consistently high-quality work and client-friendly approach." Chambers UK

Directors' Disqualification

What happens when a liquidator considers that the director of a company is unfit for this role?

Directors of an insolvent company are subject to a report by the liquidator to the DTI.  If the DTI considers that the director’s conduct merits disqualification, proceedings can be brought against the director under the Company Directors Disqualification Act 1986. The period of disqualification can range from two to fifteen years. 

The procedure often starts with a request by the liquidator to the director / officer to complete a questionnaire regarding his dealings with the company. Early advice should be taken if such a request is made.

There is an opportunity for the director to grant a voluntary disqualification undertaking and to seek permission to continue to be a director in respect of a particular company.

We have experience in acting for directors and alleged shadow directors in relation to the provision of undertakings and the defence of disqualification proceedings.

Contact: Dorothy Hatfield, Partner dh@bto.co.uk T. 0141 221 8012 

“The level of service has always been excellent, with properly experienced solicitors dealing with appropriate cases" Legal 500

Contact BTO

Glasgow

  • 48 St. Vincent Street
  • Glasgow
  • G2 5HS
  • T:+44 (0)141 221 8012
  • F:+44 (0)141 221 7803

Edinburgh

  • One Edinburgh Quay
  • Edinburgh
  • EH3 9QG
  • T:+44 (0)131 222 2939
  • F:+44 (0)131 222 2949

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