Bharat SainiLast Updated on April 4, 2015 by Bharat Saini
If you are facing being disqualified from being a director, it is best to get legal advice and expertise in as soon as you can. Anyone that has acted as a director will understand the importance of getting the right person for the job, because when you don’t have the right person in place, there is a greater chance of mistakes being made.
There are many common mistakes that are made by people who are facing disqualification from a director’s position, and if you want to improve your chances of retaining your position or minimising your punishment, it is important to be aware of these mistakes, and then avoid them!
Do not think you can deal with it yourself
It is perhaps natural for people to think that they can deal with any allegation or case themselves. People who hold a directorship should have a strong level of business experience, they should be able to defend their actions and they should have complete knowledge of what they were doing. In that light, you can see why many directors will decide that they can take care of matters by themselves.
This would be a wrong move though, and it is always best to call in the services of a professional with great experience in this field. A good director will understand that outsourcing and bringing in the services of an expert is likely to be the best approach in most walks of business and if you are looking to receive the best level of support, call in the experts.
A professional solicitor with experience in this field will know exactly how the approach or any allegations should be approached, which means that their advice and guidance is crucial.
Do not avoid the matter
If you are sitting there facing these allegations thinking that the case will eventually “go away”, you are making a terrible decision. If you have received written enquiries, you will need to accept that your actions are known to the investigators and the only way to stop the matter from worsening is to deal with all of the issues or allegations.
In ignoring the case or correspondence, there is no chance that the case will be dropped. The best solution for you is to co-operate fully and to provide as much information as you can in the hope that this will prevent a formal claim from being issued against you.
Do not rush your response
While you should never avoid the matter, and you should look to respond within any stated timeframe, you shouldn’t feel as though you need to rush your response off immediately. Taking the time to properly read and understand the issues brought against you is the starting point, as many people find themselves arguing or defending themselves against matters that aren’t relevant.
Once you understand the case against you, you should take the time to prepare as full a response as you can, making sure that you have provided everything that is relevant and of value. This is where working with an expert will give you the best chance of making a comprehensive case against the allegations you face.
Do not respond without accessing all of the relevant company data and information
This is not a time to be making things up or hoping that you have provided the correct information. If you were operating in an effective manner, there should be a paper trail of your decisions, which should be used in your defence. This is another reason why it is best to take your time because this will give you a greater chance of compiling the relevant information for your case.
If you are facing director disqualification proceedings, there are many mistakes you can make which can seriously harm your case and cause. This is why calling in the experts makes sense, because they know the mistakes and will help you avoid them. Even when you are facing these charges, there are opportunities for you to be a director or become involved with business management, but there are circumstances and rules to be followed. If you want the best guidance, while also having the best chance of achieving success, choose the experts who understand this area.
Andrew Reilly is a freelance writer with a focus on news stories and consumer interest articles. He has been writing professionally for 9 years but has been writing for as long as he can care to remember. When Andrew isn’t sat behind a laptop or researching a story, he will be found watching a gig or a game of football.
