Disqualification
of directors
It
is rare to find direct
or substantive restrictions on incorporation in the UK. If particular
individual's are judged unfit or incapable of undertaking the role and
responsibilities of a company director or shadow director, some restrictions may
arise. For the duration of the individuals disqualification, there is no
possibility for them to use the corporate form.
The
effectiveness of the disqualification is doubtful regarding the screening out of
incompetent directors or stopping misconduct. In practice, SME's are generally
affected by director disqualification. However, disqualification does not mean
that the owners cannot resume business as sole traders or under the form of an
unincorporated business.
Directors
do not always understand the complex procedures surrounding disqualification.
Suggestions have been made that the most effective policy should be to find
unfit directors of bigger companies and to let cases regarding the self-employed
sector be seen as less appropriate unless it is a more serious case.
Further News and Articles
2. Statutory Requirements For New Companies
3. Non Profit Organisations
4. Company Directors and Secretaries
5. Annual Returns
6. Accounts and Accounting Reference Dates
7. Company Auditors
8. Share Capital and Prospectuses
9. Late Filing Penalties
10. The Costs and Benefits of Company Registration
|