Company director disqualification

You can be banned (鈥榙isqualified鈥�) from being a company director if you don鈥檛 meet your legal responsibilities.

Anyone can report a company director鈥檚 conduct as being 鈥榰nfit鈥�.

鈥楿nfit conduct鈥� includes:

  • allowing a company to continue trading when it can鈥檛 pay its debts
  • not keeping proper company accounting records
  • not sending accounts and returns to Companies House
  • not paying tax owed by the company
  • using company money or assets for personal benefit

You鈥檙e not usually allowed to be a company director if you鈥檙e under restrictions from bankruptcy or a Debt Relief Order.

How disqualification works

The Insolvency Service may investigate your company (or you personally as a director of your company) if it鈥檚 involved in insolvency proceedings or if there鈥檚 been a complaint.

If they think you haven鈥檛 followed your legal responsibilities as a director, they鈥檒l tell you in writing:

  • what they think you鈥檝e done that makes you unfit to be a director
  • they intend to start the disqualification process
  • how you can respond

You can either:

  • wait for The Insolvency Service to take you to court to disqualify you - you can defend the case in court if you disagree with The Insolvency Service
  • give The Insolvency Service a 鈥榙isqualification undertaking鈥� - this means you voluntarily disqualify yourself and ends court action against you

You may want to get legal advice if you get a letter about disqualification from The Insolvency Service.

Apart from The Insolvency Service, other bodies can apply to have you disqualified under certain circumstances, eg:

  • Companies House
  • the Competition and Markets Authority (CMA)
  • the courts
  • a company insolvency practitioner

If you鈥檙e disqualified

You鈥檒l be disqualified for up to 15 years.

You can鈥檛:

  • be a director of any company registered in the UK or an overseas company that has connections with the UK
  • be involved in forming, marketing or running a company

You could be fined or sent to prison for up to 2 years if you break the terms of the disqualification.

Your details will be published online in:

  • - your details will automatically be removed from the database when your disqualification ends
  • in the last 3 months, including details of why you were banned

You must ask a court for permission if you want to be a company director while you鈥檙e disqualified. You can get help from a legal adviser.

Other restrictions

There are other restrictions if you鈥檙e disqualified. For example, you might not be able to:

  • sit on the board of a charity, school or police authority
  • be a pension trustee
  • be a registered social landlord
  • sit on a health board or social care body
  • be a solicitor, barrister or accountant

Read detailed guidance about director disqualification.

You can be prosecuted and become personally liable for the company鈥檚 debts if you carry out company business on the instructions of someone who鈥檚 disqualified.