Company Directors Disqualification Act 1986 - Overview of DBERR Guidance to Liquidators
DBERR Guidance to Liquidators as to matters to be addressed in a liquidators conduct report
DBERR have issued "Guidance to Liquidators" as to the matters to which a liquidator should refer in his "conduct report" under The Company Directors Disqualification Act 1986.
Although the liquidator is an independant witness of fact in disqualification proceedings their is published guidance for a liquidator to follow in compiling his 'conduct report'.
The Company Directors Disqualification Act (CDDA) requires liquidators (in every liquidation) to send in a conduct report. The report cannot reach an inconclusive opinion. The Act only allows a liquidator to report that a directors conduct is either:
Liquidators have to be objective. Even if a director has been involved in any matter that might on its own merit proceedings under The Company Directors Disqualification Act 1986 the liquidator must in his report list any points in mitigation. A liquidator is not permitted by DBERR to provide a copy of his completed conduct report to a director of a company.
If you wish to read the actual guidance given to liquidators as to how they should report as to fitness or unfitness under The Company Directors Disqualification Act 1986 in each and every liquidation click here.