It is a criminal offence for anyone who has received a directors disqualification order to act as a company director either directly or indirectly. Even if a person is does not hold the title of director, if they are deemed to be exercising management or control such that to all intents and purposes they are fulfilling the role of director, they may still be prosecuted. The offence carries a sentence of Imprisonment of up to 2 years and/or financial penalties. A Director can also be held personally liable for the debts of the company concerned.

Often there are questions around whether an individual’s role in the company amounted to Directorship. Early advice is always recommended. We are able to advise you on plea and if necessary a comprehensive mitigation package which can reduce the risk of a custodial sentence.