{"id":3305,"date":"2018-12-03T00:00:00","date_gmt":"2018-12-03T00:00:00","guid":{"rendered":"https:\/\/hebblethwaites.com\/index.php\/disqualified-from-acting-as-a-director\/"},"modified":"2018-12-03T00:00:00","modified_gmt":"2018-12-03T00:00:00","slug":"disqualified-from-acting-as-a-director","status":"publish","type":"post","link":"https:\/\/hebblethwaites.com\/index.php\/disqualified-from-acting-as-a-director\/","title":{"rendered":"Disqualified from acting as a director"},"content":{"rendered":"<p>When a director has been found guilty of mismanagement verging on fraud, one of the remedies that the courts can impose is disqualification as a director. But what does this actually mean?<\/p>\n<p>A disqualified director has to abide to the following restrictions:<\/p>\n<ul>\n<li>While the order or undertaking is in force, it stops a person acting as if they were a director. Accordingly, you cannot avoid the order, or undertaking by simply changing the job description.<\/li>\n<li>The order or undertaking also means that you must not get other people to manage a company under your instructions. If you do, those people may also be prosecuted for assisting you in contravening the order or undertaking.<\/li>\n<\/ul>\n<p>The order or undertaking does not stop you having a job with a company, but unless you have court permission it does stop you:<\/p>\n<ul>\n<li>Acting as a director of a company<\/li>\n<li>Taking part, directly or indirectly, in the promotion, formation or management of a company or limited liability partnership<\/li>\n<li>Being a receiver of a company&#039;s property.<\/li>\n<\/ul>\n<p>You also cannot act as an insolvency practitioner.<\/p>\n<p>In addition to companies, you must not do any of the prohibited acts in relation to the following organisations: Limited liability partnerships (LLPs), Building societies, Incorporated friendly societies, NHS foundation trusts, Open-ended investment companies, Registered societies and Charitable incorporated organisations.<\/p>\n<p>A disqualification order will not stop you carrying on a business as a sole trader. You could also trade in a partnership, but not a Limited Liability Partnership (LLP).<\/p>\n<!-- -->","protected":false},"excerpt":{"rendered":"<p>When a director has been found guilty of mismanagement verging on fraud, one of the remedies that the courts can impose is disqualification as a director. But what does this actually mean? A disqualified director has to abide to the following restrictions: While the order or undertaking is in force, it stops a person acting [&hellip;]<\/p>\n","protected":false},"author":0,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":"","_links_to":"","_links_to_target":""},"categories":[1],"tags":[],"class_list":["post-3305","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/hebblethwaites.com\/index.php\/wp-json\/wp\/v2\/posts\/3305","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/hebblethwaites.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/hebblethwaites.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"replies":[{"embeddable":true,"href":"https:\/\/hebblethwaites.com\/index.php\/wp-json\/wp\/v2\/comments?post=3305"}],"version-history":[{"count":0,"href":"https:\/\/hebblethwaites.com\/index.php\/wp-json\/wp\/v2\/posts\/3305\/revisions"}],"wp:attachment":[{"href":"https:\/\/hebblethwaites.com\/index.php\/wp-json\/wp\/v2\/media?parent=3305"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/hebblethwaites.com\/index.php\/wp-json\/wp\/v2\/categories?post=3305"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/hebblethwaites.com\/index.php\/wp-json\/wp\/v2\/tags?post=3305"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}