Banned from being a director can you still be self employed?
Banned from being a director can you still be self employed?
Author
Discussion

wjwren

Original Poster:

4,484 posts

158 months

Thursday 13th October 2022
quotequote all
A roofer we used who is a total C u next tuesday applied for bounce back loans (covid) and was caught and charged. He has now gone self employed running the same company is this legal?

LordHaveMurci

12,325 posts

192 months

Thursday 13th October 2022
quotequote all
wjwren said:
A roofer we used who is a total C u next tuesday applied for bounce back loans (covid) and was caught and charged. He has now gone self employed running the same company is this legal?
Can’t be a Limited Company if he’s self employed.

OutInTheShed

13,091 posts

49 months

Thursday 13th October 2022
quotequote all
I would think that banning him as a director would give him several options including:

Appoint someone else as director.
He can then still manage the company and be a shareholder.
I don't know how being a 'Person with Significant Control (due to owning a big % of shares) would be dealt with?

Or
Fold the company and run the same 'firm' i.e. the business, as a sole trader or partnership.
He can still employ people
Likely all the 'firm's people are self employed subbies anyway?

Or
Appoint director, leave company dormant and take on new work as a sole trader?

The 'business' is distinct from the 'company'.

But he could just take on new work as a sole trader and what customers see won't change much.

He's either lost the 'limited liability' of working as acompany, or he needs someone else to carry the can as a director.

MustangGT

13,675 posts

303 months

Thursday 13th October 2022
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Has he actually been banned from being a director?

wjwren

Original Poster:

4,484 posts

158 months

Thursday 13th October 2022
quotequote all
Actually I think he was self employed to start with - what do you make of this?
Godderidge.
https://www.gov.uk/government/news/insolvency-serv...

rgf100

86 posts

128 months

Thursday 13th October 2022
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Might have been SEISS he got, rather than the bounce back loan? Or he applied for a bounce back loan but wasn't eligible due to not having a ltd. co? They were basically throwing money out the door back then, wouldn't surprise me.

jeremyh1

1,490 posts

150 months

Thursday 13th October 2022
quotequote all
Yes he can being SE is not running a company
Under the current law (EU) nobody can be denied the right to earn a living

Jeremy-75qq8

1,640 posts

115 months

Friday 14th October 2022
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I am staggered anyone is banned from being a director. No one seems to care and no one wants to fund the costs involved