Thursday, 10 October 2013

Common Mistakes in Director Disqualification Claims - Responding without access to relevant Company Documentation

Often directors will respond to enquiries without reviewing relevant company documentation, relying mainly on their recollections of events which can be many years old.

A person is entitled to request access to any relevant documentation which he/she believes will assist in their response.  That documentation will be retained by the liquidator of the company concerned. If the individual needs access to it, they should make sure they ask for it. A person is entitled to ask the liquidator for a complete inventory of all company documentation if they consider this will help identify documentation needed for a response. If the person does this, they should also inform the Insolvency Service what they are doing and that the timing of the reply will depend on access to this information.