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Company Directors Disqualification Act 1986

Guidance Notes for the Completion of Statutory Reports and Returns

These notes are important and should be read before completion of any report or return under section 7 of the Act.

1. Purpose of this Guide

This guide is for Practitioners who are required to report under Section 7 of the Company Directors Disqualification Act 1986 (CDDA). It updates the guidance published in March 1993. Disqualification of directors is a rapidly evolving area. This guide:

  • sets out what the Disqualification Unit ("the Unit") sees as current best practice in reporting unfit conduct;

  • brings the Unit’s guidance into line with the reporting changes which were made in The Insolvent Companies (Reports on Conduct of Directors) Rules 1996 and The Insolvent Companies (Reports on Conduct of Directors) (Scotland) Rules 1996; and

  • reflects best practice guidance given by the Society of Practitioners of Insolvency in SIP2 ("A liquidator's investigation into the affairs of an insolvent company") and SIP4 ("Disqualification of directors").

At the time of printing, the Institute of Chartered Accountants in Scotland was drafting versions of these statements for their members who are licensed insolvency practitioners.

The guide does not have the force of law. Please do not regard it as a substitute for understanding the legislation itself. Moreover, you should bear in mind that it is your responsibility to exercise your independent judgement on the conduct of individual directors in individual cases. However, the Unit hopes that the guide will be a useful reference point for you, your managers and staff.

[CONTENTS ] [ PART 1 ] [ PART 2 ] [ PART 3 ] [ PART 4 ] [ PART 5 ] [ PART 6 ] [APPENDICES]