header-logo header-logo

Dishonest directors: no more easy escapes?

10 September 2021 / Sophia Purkis , Judith Davidge
Issue: 7947 / Categories: Features , Profession , Insolvency , Commercial
printer mail-detail
56847
Sophia Purkis & Judith Davidge examine proposals to hold unscrupulous directors to account: do they go far enough?
  • The Rating (Coronavirus) and Directors Disqualification (Dissolved Companies) Bill intends to address the disparity which allows former directors of dissolved companies to escape investigation into their conduct.
  • The Bill is a step in the right direction, but it may not go far enough to deal with the actions of delinquent directors, and will not make much difference without more dedicated resources for the Insolvency Service.

The ability to dissolve companies without any formal insolvency process has long been used by the less than scrupulous to hide inappropriate behaviour. As the pandemic (hopefully) draws to an end, the government is seeking to take pre-emptive measures to tackle possible fraud arising from loans made to support companies during the pandemic and to deal with this issue.

The Rating (Coronavirus) and Directors Disqualification (Dissolved Companies) Bill was introduced in the House of Commons on 12 May 2021.

Policymakers

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll