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Can you act as a Director if you have been disqualified?

By The Insolvency Service

The Insolvency Service

A person who is subject to an order or undertaking may apply to the court under section 17 of the CDDA for permission to act as a director or to take part in the promotion, formation or management of a named company. The court cannot give permission to a disqualified person to act as an insolvency practitioner.

The applicant will have to satisfy the court that they have a reasonable need to do what they are asking – not just that they want to be a director.

They must also satisfy the court that, if it gives the permission requested, the public will be adequately protected and therefore the court may require safeguards and may impose conditions/restrictions on the applicant.

Anyone considering such an application should contact the Service at:

Defendant.liaison.team@insolvency.gsi.gov.uk 

For further general information and guidance. However, it is important that they also consider obtaining their own independent professional advice.

Published April 2015