Breaches of the law
Note: For information on investigations into companies that are actively trading, or which have ceased trading without entering into insolvency proceedings using powers under the Companies Acts see our pages on Company Investigations.
There are certain key breaches of the law that we are particularly interested in finding out about. These are:
Breach of company directors disqualification orders/undertakings
Re-use of prohibited names
- When a company goes into insolvent liquidation any person who was a director of the company in the 12 months before the liquidation is generally restricted from acting as a director of another company with the same or significantly similar name, (which is known as a prohibited name) without the permission of the court. Breach of that restriction may be a criminal offence.
- For information on how to complain about a director re-using a prohibited name see prohibited names (s216).
Breaches of a bankruptcy restrictions orders/undertakings/debt relief restrictions orders/undertakings
Undischarged bankrupts or individuals subject to a debt relief order illegally acting in the management of a limited company
- It is illegal for an undischarged bankrupt or an individual subject to a debt relief order to be concerned (directly or indirectly) in promoting, forming or managing a limited company, or acting as a company director, without the court’s permission, whether formally appointed as a director or not.
- For information on how to complain see complain about undischarged bankrupts and individuals subject to debt relief orders.
