Disqualification of Directors
This theme is now closed for comment. An announcement on Red Tape Challenge plans will be made in due course.
You can read comments made during the theme spotlight (23 August 2012 – 27 September 2012) below.
There are tough regulations that apply to company directors who abuse the privilege of limited liability. These regulations aim to maintain the integrity of the business environment so that directors carry out their duties responsibly and with proper regard to the interests of the company’s creditors and employees. Disqualification from acting as a director for a period of up to 15 years may be ordered by a court either as a result of misconduct where a company enters a formal insolvency procedure, or following the person’s conviction for an indictable offence in connection with the promotion, formation or management of a company.
Are there any examples where the regulations could be made clearer or more consistent? Are there any obsolete regulations or out of date requirements that could be scrapped altogether without compromising the effectiveness of the disqualification regime?
You can view the regulations relating to the disqualification of directors from the scroll box below the menu on the left hand side of this page. Alternatively, you can download a spreadsheet that provides short descriptions and links to the full regulations – click here to download the regulation spreadsheet.
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Company Directors Disqualification Act 1986 This Act contains provisions relating to the disqualification of persons from being directors of companies, and from being otherwise concerned with a company’s affairs. Read More… (opens in a new window)
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Insolvent Companies (Disqualification of Unfit Directors) Proceedings Rules 1987 These Rules set out a special code of procedure for application by the Secretary of State or the official receiver for the disqualification of directors by the court under sections 7 and 8 of the Company Directors Disqualification Act 1986 in England and Wales. Read More… (opens in a new window)
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Insolvent Companies (Disqualification of Unfit Directors) Proceedings (Amendment) Rules 1999 These Rules amend earlier Rules governing disqualification proceedings, so that they are brought into line with the Civil Procedure Rules 1998. Read More… (opens in a new window)
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Insolvent Companies (Disqualification of Unfit Directors) Proceedings (Amendment) Rules 2001 These Rules amend earlier Rules in relation to when a disqualification order takes effect consequent on that date being provided for by an amendment to the Company Directors Disqualification Act 1986. Read More… (opens in a new window)
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Insolvent Companies (Disqualification of Unfit Directors) Proceedings (Amendment) Rules 2003 These Rules amend earlier Rules following changes made in the Enterprise Act 2002 with regard to the Office of Fair Trading and certain sector regulators being able to apply to the High Court for a competition disqualification order. Read More… (opens in a new window)
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Insolvent Companies (Disqualification of Unfit Directors) Proceedings (Amendment) Rules 2007 These Rules amend earlier Rules to extend the scope of the application of those Rules (which in their unamended form only apply to applications for disqualification orders) to other applications made to court under the Company Directors Disqualification Act 1986, e.g. applications to enforce duties imposed on liquidators and other insolvency office-holders to provide information to the Secretary of State or the official receiver and applications by disqualified persons for leave to act notwithstanding disqualification in connection with the management, formation or promotion of a company. Read More… (opens in a new window)
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Insolvent Companies (Reports on Conduct of Directors) Rules 1996 These Rules revoke and replace the Insolvent Companies (Reports on Conduct of Directors) No. 2 Rules 1986 (S.I. 1986/2134) and make provision for the manner in which a voluntary liquidator, administrative receiver or administrator of a company, is to make a report to the Secretary of State in relation to any person who has been a director or shadow director of an insolvent company and whose conduct appears to the office-holder to be such that he is unfit to be concerned in the management of a company. Read More… (opens in a new window)
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Insolvent Companies (Reports on Conduct of Directors) (Amendment) Rules 2001 These Rules substitute new forms in place of those provided by the Insolvent Companies (Reports on Conduct of Directors) Rules 1996. The new forms contain additional information to be provided by office-holders to the Insolvency Service. Read More… (opens in a new window)
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Insolvent Companies (Reports on Conduct of Directors) (Scotland) Rules 1996 The Rules make provision in relation to Scotland for the manner in which a liquidator, administrative receiver or administrator of a company is to make a report to the Secretary of State, under the Company Directors Disqualification Act 1986 in relation to any person who has been a director or shadow director of an insolvent company and whose conduct appears to be such that he is unfit to be concerned in the management of a company. Read More… (opens in a new window)
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Insolvent Companies (Reports on Conduct of Directors) (Scotland) (Amendment) Rules 2001 These Rules substitute a new form D1 (Scot) for Director conduct reports completed by insolvency practitioners. The new form contains additional information to be provided by office-holders to the Insolvency Service Read More… (opens in a new window)
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Insolvency Act 2000 (Company Directors Disqualification Undertakings) Order 2004 This Order provides that disqualification undertakings given under Northern Irish legislation have effect in Great Britain. Read More… (opens in a new window)
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The Enterprise Act 2002 (Disqualification from Office: General) Order 2006 This Order enables the Secretary of State to repeal or amend statutory provisions which prevent an individual who is bankrupt from being elected to, or holding, certain offices. Read More… (opens in a new window)
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