Part 6 Disqualification Proceedings Subsequent to Dissolution
Where disqualification proceedings have been or are to be brought when applying for release an application should be made to the Secretary of State for directions that the dissolution of the company be deferred for 6 years (see paragraph 38.50).
There may be times when a lead company in a disqualification action has been dissolved prior to the case coming to court, for example where an insolvency practitioner has filed a s172(8) notice and the company has been dissolved [Note 1]. The Company Directors Disqualification Act 1986, as amended by the Insolvency Act 2000, allows for disqualification proceedings against a director or directors in cases where the lead company has been or is being dissolved [Note 2]. As a result an application to restore the company to the register solely to issue disqualification proceedings is not required. It is important that the disqualification proceedings should be commenced in the correct court Investigation Guide paragraph 104.3 provides advice on which court the proceedings should be issued in.