Partnerships and the disqualification regime


Produced in partnership with Katherine Hallett of Three Stone Chambers
Practice notes

Partnerships and the disqualification regime


Produced in partnership with Katherine Hallett of Three Stone Chambers

Practice notes
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Disqualification

Directors

Principally, disqualification proceedings are brought against directors of companies. Proceedings are brought pursuant to the Company Directors Disqualification Act 1986 (CDDA 1986).

The CDDA 1986 provides for directors who have been found guilty of Misconduct to be disqualified from acting as a company director for a specified period.

In summary, there are a number of grounds upon which disqualification proceedings may be brought against directors:

  1. •

    conviction for an indictable offence in connection with a company

  2. •

    persistent breaches of companies legislation in connection with returns etc

  3. •

    fraud etc during the winding-up

  4. •

    conviction for default regarding returns etc

  5. •

    conviction abroad in connection with a company

  6. •

    unfit behaviour in connection with an insolvent company

  7. •

    unfit behaviour

  8. •

    breach of Competition law

  9. •

    Wrongful trading

Furthermore, disqualification proceedings may be brought against any person instructing an unfit director.

In addition, an undischarged bankrupt is automatically disqualified as a director.

This Practice Note does not directly cover disqualification proceedings against directors of companies.

For further reading, see Practice

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Jurisdiction(s):
United Kingdom
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Key definition:
Directors definition
What does Directors mean?

A director of a company is responsible for the day-to-day management of that company. The directors make decisions on behalf of the company in order that it can carry on its business.

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