Obtaining “Permission” to remain a Director despite Disqualification – Fashion Marketing Director

Obtaining “Permission” to  remain a Director despite Disqualification – Fashion Marketing Director

Our client was a Director with a successful fashion marketing business based between the UK and Madrid.  The future of this business was put at risk when the Director was pursued by the Insolvency Service with detailed questioning regarding the failure of his previous business.

Due to the Director’s extremely busy schedule, he had neither the time nor the appetite for the stress or workload of fighting the threatened Director Disqualification Proceedings (often lasting c. 12 months).  He was also conscious of the publicity that may be involved in ongoing Disqualification Proceedings.

Following our instruction by the Director, we engaged with the Insolvency Service to negotiate a reduced Disqualification Undertaking (down from 5 years to 3 years) before drafting and issuing an Application for Section 17 “Permission” to act as Director despite Disqualification.  This Application was granted within 21 days of the Disqualification Undertaking at the first Hearing and the Director was seamlessly able to continue his marketing business without disruption.

If you find yourself in a similar situation to the above, please contact Matthew Howat, head of our Director Disqualification team, on 020 7884 9700 or by email on Matthew.Howat@hasolicitors.co.uk to arrange a free consultation.

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