Published: 28 February, 2011
Company directors found to have committed unfit conduct are subject to disqualification from directorships. Where a director offers a disqualification undertaking themselves, they avoid a full hearing of the matter and also typically receive a discounted period of disqualification from the court.
Disqualification Undertakings: Law, Policy and Practice provides authoritative and practical guidance on navigating the undertakings system and the procedures for applying for leave of an undertaking. This is combined with empirical research on reasons cited in schedules of unfit conduct and periods of disqualification, enabling practitioners to advise clients on the most effective strategies when negotiating terms of undertakings.
Disqualification Undertakings: Law, Policy and Practice is the only book focusing solely on undertakings; with the number of corporate insolvencies likely to rise over the next few years, this is an ideal volume for those advising the increasing number of people disqualified from directorships
Table of Cases
Table of Statutes
Table of Statutory
Instruments
Introduction
Disqualification Undertakings in Context
The Scope and Nature of Disqualification for Unfitness
Disqualification Undertakings
Unfit Conduct
Disqualification Undertakings in Practice
Variation or Termination of Disqualification Undertakings
Leave of Disqualification
Conclusion
Appendix 1 Company Directors Disqualification Act 1986
Appendix 2 Companies Act 2006
Appendix 3 Insolvent Companies (Disqualification of Unfit Directors) Proceedings Rules 1987
Appendix 4 Insolvent Companies (Reports on Conduct of Directors) Rules 1996
Appendix 5 Practice Direction: Directors Disqualification Proceedings Index