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Ten-year disqualification for bankrupt who acted as director (23 March 2017)

Date: 23/03/2017
Duncan Lewis, Legal News Solicitors, Ten-year disqualification for bankrupt who acted as director

A bankrupt found to be acting as the sales director of a Lincolnshire printing company has been disqualified for ten years for breaching the terms of his bankruptcy.

Peter Henry Nicholson, 51, of Wolverhampton has given an undertaking to the Secretary of State for Business, Energy and Industrial Strategy preventing him from being directly or indirectly involved in the promotion, formation or management of a company for ten years.

A bankruptcy order was made against Nicholson on 14 May 2012, preventing him from acting as a company director for a period of 12 months.

Despite this restriction – and without the leave the Court in contravention of Section 11 of the Company Directors Disqualification Act 1986 – Nicholson was appointed as the sales director of Tandem Print Solutions Limited (formerly Tandem Solutions Group Limited) on 1 June 2012 and remained in post until 18 March 2014.

Tandem Print Solutions Limited was incorporated on 5 August 2009 and traded from Southfield House Falcon Way, Southfields Business Park, Bourne
in Lincolnshire.

The company supplied photocopier and printer services to local businesses, including schools, but went into Administration on 31 July 2014.

Chief Investigator at the Insolvency Service, Sue MacLeod, said:

“The Department for Business, Energy and Industrial Strategy will continue to uphold the integrity of the insolvency regime – and will not hesitate to act if a bankrupt breaches the restrictions to which he is subject.

“This disqualification should act as a deterrent and warning to others who might be considering such breaches.”


There are restrictions set out in insolvency law that the bankrupt is subject to until they are discharged from bankruptcy – normally 12 months – and include that bankrupts must disclose their status to a credit provider if they wish to get credit of more than £500.

Bankrupts who carry on business in a different name from the name in which they were made bankrupt must also disclose to those they wish to do business with the name or trading style under which they were made bankrupt.

Bankrupts may not act as the director of a company or take part in its promotion, formation or management unless they have a court’s permission to do so.

Bankrupts may not act as an insolvency practitioner – or as the receiver or manager of the property of a company on behalf of debenture holders.

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