Tuesday, 28 January 2014

At what period of disqualification does seeking permission become “impossible”?

There is nothing to stop a person trying to seek leave for any period of disqualification. However, the courts are extremely reluctant to grant permission to a person disqualified for anything over 8 years. Even at 8 years it was only with very stringent conditions attached and it was an unusual case.

It is more likely that permission will be granted for someone in the “lower bracket” of 2-5 years. If a person is being offered an “undertaking” for a period higher than that – he/she might want to consider trying to bring the period of disqualification down in to the lower bracket of 2-5 years as it will allow that person a far better chance if he/she later decides they want to be a director of a business.