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Disqualified Directors - Getting Information On Why They Were Disqualified

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    Disqualified Directors - Getting Information On Why They Were Disqualified

    Does anyone know of a way to get details of why a director was disqualified?

    I can see the person the companies house director disqualification site

    WebCHeck - Select and Access Company Information

    and it says something like "Reason : CDDA 1986 S6"

    Does anyone know how to get the actual allegation and what the director did to warrant disqualification?

    I searched google but nothing came up against his name

    #2
    Originally posted by DeludedAussie View Post
    Does anyone know of a way to get details of why a director was disqualified?

    I can see the person the companies house director disqualification site

    WebCHeck - Select and Access Company Information

    and it says something like "Reason : CDDA 1986 S6"

    Does anyone know how to get the actual allegation and what the director did to warrant disqualification?

    I searched google but nothing came up against his name
    CDDA explaination here..
    Company Directors Disqualification Act 1986 - Wikipedia, the free encyclopedia

    s 6 the Secretary of State can make an application for the court to declare that a director of an insolvent company is unfit to be concerned in management. The maximum is 15 and the minimum 2 years.
    A company is insolvent if it goes into liquidation when assets are insufficient to pay debts and winding up expenses, an administration order is made or an administrative receiver is appointed.
    or

    http://www.legislation.gov.uk/ukpga/1986/46/contents

    6 Duty of court to disqualify unfit directors of insolvent companies. E+W+S.(1)The court shall make a disqualification order against a person in any case where, on an application under this section, it is satisfied— .
    (a)that he is or has been a director of a company which has at any time become insolvent (whether while he was a director or subsequently), and .
    (b)that his conduct as a director of that company (either taken alone or taken together with his conduct as a director of any other company or companies) makes him unfit to be concerned in the management of a company. .
    (2)For the purposes of this section and the next, a company becomes insolvent if— .
    (a)the company goes into liquidation at a time when its assets are insufficient for the payment of its debts and other liabilities and the expenses of the winding up, .
    (b)an administration order is made in relation to the company, or .
    (c)an administrative receiver of the company is appointed; .
    and references to a person’s conduct as a director of any company or companies include, where that company or any of those companies has become insolvent, that person’s conduct in relation to any matter connected with or arising out of the insolvency of that company.
    I would read in to all that the Section dictates what he did i.e insolvency for S6 but why he was deemed unfit doesn't appear to be logged. They make the decision and then ban him under S6. Guess you would have to go in to the case notes to see why.
    Last edited by northernladuk; 9 December 2011, 21:26.
    'CUK forum personality of 2011 - Winner - Yes really!!!!

    Comment


      #3
      Originally posted by northernladuk View Post
      CDDA explaination here..
      Company Directors Disqualification Act 1986 - Wikipedia, the free encyclopedia



      or

      http://www.legislation.gov.uk/ukpga/1986/46/contents



      I would read in to all that the Section dictates what he did i.e insolvency for S6 but why he was deemed unfit doesn't appear to be logged. They make the decision and then ban him under S6. Guess you would have to go in to the case notes to see why.
      Thanks - Do you know whether case notes are published anywhere please?

      How do i see the case and what he is alledged to have done

      Comment


        #4
        Originally posted by DeludedAussie View Post
        Thanks - Do you know whether case notes are published anywhere please?

        How do i see the case and what he is alledged to have done
        Need someone cleverer than me to answer that I am afraid. I just thought he had run his company in to insolvency without making any effort or manage it or to stop it. If it was fraud it would be under a different section for example.

        Apart from that I don't have a clue. Good luck.
        'CUK forum personality of 2011 - Winner - Yes really!!!!

        Comment

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