Guidance on undertakings & s17

Notification of a decision to apply for a disqualification order will be  sent to the last address you provided to Companies House or to the OR/IP. The application for disqualification has to be made within 2 years of the date of the winding-up order (or any earlier voluntary liquidation, administrative receivership or administration), unless the court extends  the time. 

The notice is in the form of a letter .The letter sets out a schedule of unfit conduct, gives  guidance on giving an undertaking not to act as a director, this procedure allows you to avoid court proceedings. The letter includes a draft undertaking. It also invites you to make representations  regarding the unfit conduct schedule, to the OR or the Disqualification Unit prior to legal proceedings commencing.

The documents relating to this are:

Letter s1601.doc Schedule of misconduct annex1.doc Draft undertaking unddraft.doc Further information Infofordefendants.doc

Once you have been disqualified as a director you can apply to court for ‘leave to act – in the management of a company under s17 of The Compnay  Directors Disqualification Act 1986.