Directors’ Duties and Disqualification

At Cocks Lloyd Solicitors Ltd, our Company Law Solicitors possess extensive knowledge of directors’ duties, ensuring compliance, and understanding the repercussions if these duties are breached. Our team can offer regular advice to your Board, giving you confidence that you are up-to-date and compliant with the Companies Act 2006 and other relevant legislation.

If you are facing disqualification as a director, our Company Law Solicitors will collaborate with our Dispute Resolution Department and, if necessary, our Business Crime and Regulatory team to build a strong defence. We will also provide guidance and representation if you and/or your company are subject to a regulatory investigation. You can be assured that you have one of the top law firms in Nuneaton and Warwickshire supporting you.

We are a diverse, multi-lingual law firm that leverages best-in-class technology to provide clients with streamlined, modern, and highly effective company law advice and representation. Our years of experience in company law have earned us a strong reputation for excellence with the UK’s leading Barristers and Queen’s Counsel, as well as industry experts who can provide additional support to our Corporate Law Department when needed.

Common Questions About Directors’ Duties and Disqualification

What are the duties of a company director?

The general duties of a company director are outlined in the Companies Act 2006. These duties include:

  • Acting in accordance with the company’s constitution and exercising powers for their intended purpose.
  • Acting in good faith to promote the success of the company.
  • Exercising independent judgment, while considering the opinions and advice of others.
  • Exercising reasonable care, skill, and diligence in their duties.
  • Avoiding conflicts of interest between their duties to the company and their personal interests or duties to third parties.
  • Not accepting benefits due to their position as a company director.
  • Declaring any interest in proposed transactions or arrangements with the company to their fellow directors.

Our Company Law Solicitors can provide swift advice on any issues related to the general duties of a company director.

What are the penalties for breaching a general director’s duty?

The consequences for breaching a director’s duty can range from termination of the Director’s Service Agreement to disqualification under section 6 of the Company Directors Disqualification Act 1986.

If a director breaches the duty of exercising reasonable care, skill, and diligence, the remedy is typically damages. For breaches of other fiduciary duties, the company can:

  • Seek an injunction.
  • Ask the Court to set aside the transaction, demand restitution, and account of profits, or request the restoration of the company’s property.
  • Seek equitable compensation.

Our Company Law Solicitors have extensive experience advising companies and individual directors on managing breaches of directors’ duties. We have been supporting business owners throughout the West Midlands for many years and pride ourselves on our personal service. We strive to be available by phone and respond to emails within 24 hours. As a full-service law firm, we can also advise on other matters such as commercial property and dispute resolution.

Why Choose Us?

Our Solicitors are businesspeople themselves, so we understand that every decision you make must be grounded in commercial reality. We receive most of our instructions through word-of-mouth recommendations because company directors and business owners throughout the West Midlands know we have the expertise and dedication needed to advise on directors’ duties and disqualification promptly and effectively.

Cocks Lloyd Solicitors provides exceptional Directors’ Duties and Disqualification and Company Law services to clients. People choose and recommend us not just in Nuneaton, Tamworth, Atherstone, Hinckley and Leicester, but across Warwickshire, Staffordshire, Leicestershire and the West Midlands, and the whole of the UK, because we get results.

To receive expert advice and representation regarding Directors’ Duties and Disqualification and Company Law, please contact us using the form below, call us on (0247) 6641642, email via the Request a Callback form on this contact page.

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