Directors Disqualification
Rhys sets out the rules on extradition from EU Member States
Directors Disqualification Orders
A DDO states a specified period of time that a person may not, without leave of the court, be:
- a director, liquidator, or administrator of a company
- a receiver or manager of a company’s property
- in any way, directly or indirectly, concerned or take part in the promotion, formation or management of a company.
Criminal Offences
Section 13 of the Company Director’s Disqualification Act 1986 (CDDA) creates an offence where a director acts in breach of a disqualification. This can lead to a custodial sentence of 2 years.
The sentences that follow are ordinarily custodial in nature. For example in R v Thompson (William John) [1993] 14 Cr. App. R. (S) 89, guilty pleas were entered to two counts of being concerned in the management of a company whilst an undischarged bankrupt. On appeal a sentence of 15 months imprisonment concurrent on each count was reduced to 8 months imprisonment concurrent on each count.
