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Disqualification as a Director

Disqualification from acting as a director can have a significant effect on your ability to work for a company.

There are no hard and fast rules as to when a senior employee of a company crosses the threshold of being a "de facto director" or a "shadow director".  Great care needs to be taken to avoid being treated as a director if you have been disqualified, bearing in mind that this is a criminal offence; also your fellow directors would be committing a criminal offence and both you and they could be personally liable for the company's debts.

In certain circumstances it is possible to obtain a court order giving consent to act as a director in spite of disqualification. We can advise on the safeguards to be put in place and the steps needed to obtain such an order.

It is, of course, better to avoid becoming disqualified in the first place.  We can advise you on how to reduce the risk of disqualification. We can also advise on the advantages and risks involved in offering a disqualification undertaking rather than face disqualification proceedings.

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