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Joshua
Joshua, Lawyer
Category: UK Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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If someone was sentenced to 2 years imprisonment for fraud

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If someone was sentenced to 2 years imprisonment for fraud does that prevent them formong a limited company and being the sole director of it?

Joshua :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Joshua :

May I clarify your relationship to the company please - is the individual to be a co director with you or is this a company you are proposing to deal with?

Customer:

No this company owes me GBP 15k and has several CCJ's against it. I believe the invividual has filed false dates of birth at Companiy House

Joshua :

Thanks. It does not automatically follow that a director will be banned following a criminal conviction. A court must make a disqualification order to disqualify someone as a director and will generally do so if a director is guilty of some form of misconduct under Company Act legislation. This is normally where a director is show to be guilty of wrongful trading - e.g trading whilst he knows the company is insolvent, failing to file accounts and so on.

Joshua :

Failure to submit tax returns can also lead t a disqualification order.

Joshua :

You can search the disqualified directors register here:

Joshua :

http://wck2.companieshouse.gov.uk//dirsec

Joshua :

Is there anything above I can clarify for you?

Customer:

but is someone allowed to become a direcor of a comapny imediately after coming out of jail. he came out of jail in 2001 and formed a comapny then. he has since formed 11 comapnies which have been struck off for failing to file accounts

Customer:

how is it possible to check on someones real date of birth?

Joshua :

Unless he is subject of a disqualification order he is not restricted in being a director of a company in these circumstances. However if he has filed false identity papers with CH he will subjected to investigation and sanctions by CH.

Customer:

I need to go to pick up my daughter but would like to know if there is a way of checking his real date of birth.

Joshua :

You can search the registry of births deaths and marriages online if you know his approximate date and place of birth

Joshua :

If you do not know the approximate information in this respect you will have difficulty. Only the police have powers to investigate such matters otherwise. Companies House can require him to produce identity documentation to prove his credentials following your report of concerns

Customer:

do not know place! but he has a daughter and i could search her and that would give his particulars! Thanks

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