Director Disqualification:
Section 17 Permission to Act as a Director
This is a standalone application that must be filed at court and served on the Insolvency Service acting on behalf of Secretary State.
Whether you will be successful in this application depends on your conduct. The decision is at the unfettered discretion of the judge, and the onus is on you, as the applicant, to persuade the court to grant permission. The application will require very orderly evidence to be set out that explains your need to be a director of a particular company (or companies), the nature of your misconduct, and how safeguards can be put in place.
It is important to note that dishonesty is a very difficult hurdle to overcome in these types of applications and the longer your period of disqualification, the more difficult you will find obtaining leave to act as a director. The judge must establish that the public interest is protected and that the policy of deterrence (arising from your disqualification) is not undermined.
We have a great deal of experience with these applications and can assist you in putting your best foot forward in your evidence to the court. These applications can be made at any point during the period of disqualification, but of course any delays must be reasoned well.
Section 17 of the Company Directors Disqualification Act 1986:
