Wednesday, April 15, 2015

Why You Need Director Disqualification Solicitors

http://www.ndandp.co.uk/
Why You Need Director Disqualification Solicitors
To be disqualified as a director of any company can be detrimental to any individual personally and professionally, which is why it’s absolutely necessary to contact a director disqualification solicitor if there’s any chance that disqualification proceedings might proceed against you.

Disqualification claims against company directors usually happen towards the end of liquidation or receivership. During this time period, the administrator, liquidator, or receiver completes a D form and send it to the Insolvency Service. The report will indicate if the administrator, liquidator, or receiver believes that the directors of the company under consideration committed any wrongdoing. It also reports on the activities of the directory during the last 36 months that the company's has been trading.

The procedures for handling disqualification claims are covered by the Company Directors Disqualification Act of 1986. Some of the most commonly-committed offences that invite disqualification claims are:

* Continuing to trade even when the company is already insolvent

* Persistent violation of company policies

* Being director of a company with a prohibited

name (Section 216 of the insolvency Act)

* Non-payment of Crown debts,

* Failing to maintain and update statutory book as required by the Companies Acts

* Failing to cooperate with the liquidator

Director disqualification solicitors are qualified to handle director disqualification cases and they can provide legal services to reduce the chances of a disqualification order to be made against. And even when it’s highly likely you will be slapped with an order, they can help to reduce the disqualification period.

What specific services do these solicitors do provide? They include the following:

* Deal with all correspondence with the Insolvency Service and their lawyers.

* Assess the merits of a disqualification claim threat against you.

* Defend you in legal proceedings by the Secretary of State.

* Negotiate voluntary undertakings.

* Recover your costs from the Secretary of State if successful in your defense

* Seek legal permission for you to remain as a director even if disqualified

In certain short words, director disqualification solicitors can help your business become a success by helping you remain as director. Sometimes or most of the time, a company and its directors are treated one and the same and successful disqualification claims against a director that result in that director being totally shut down from the company can result in total loss with no hope of recovery.

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