Commons Sense

House of Commons · Public Bill Committee

- Sitting 1

06 July 2021

Proposed by David Kerr

Summarised by AI from the official record, so it can contain mistakes.

At a glance

Key points

  • David Kerr discusses disqualification provisions as a deterrent against director misconduct during company insolvency.
  • Kerr supports the Insolvency Service's ability to investigate companies without going through restoration.
  • Kerr highlights the importance of these provisions in uncovering potential misconduct or abuse.

Issue summary

David Kerr discusses the disqualification provisions and their role as a deterrent against director misconduct during company insolvency proceedings.

Action requested

Kerr supports the current provision allowing the Insolvency Service to investigate companies without having to go through the restoration process, emphasizing that it is appropriate in certain circumstances where potential misconduct or abuse may be hidden. He does not propose any specific action but highlights the importance of these provisions.

Key facts

  • There is an obligation on insolvency practitioners to report director conduct when a company goes into insolvent liquidation or administration.
  • The provision allows the Department to commence investigations without barriers after a company has been dissolved, provided circumstances are deemed appropriate.
  • The number of companies dissolved annually involves no suggestion that all or even most involve misconduct by directors.
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