What happens to a director of a company in liquidation?

By Business Helpline

30 Nov 2022

Going through a liquidation as a company director can be an extremely stressful time. This article breaks down the process and gives you an insight into what happens to a director of a company in liquidation. 

If you do need support and expert advice you can contact us on 0800 088 2142 or email us at [email protected]

What happens to directors in a Creditors Voluntary Liquidation?

If you go through a Creditors Voluntary liquidation as a director, you will effectively lose your powers, as the control of your company will be passed over to an Insolvency Practitioner (IP). 

This IP will oversee the liquidation process and sell off the company’s assets to pay outstanding creditors. You will be required to fully cooperate with the IP and provide all the necessary information during this process. 

In addition, there will be an investigation into the conduct of the director as part of this process. You may also be asked to attend an interview with the IP where they are asked to provide a statement of affairs. 

Directors Conduct report

What is a directors’ conduct report?

As part of the liquidation, the liquidator legally must submit a confidential report under section 7a of the Company Directors Disqualification Act 1986. This examines how the company operated and the conduct of the director. 

This is used to establish if the failure of the company was due to mismanagement or fraud. 

What may be considered as misconduct?

Trading whilst insolvent. Acting fraudulently. Not keeping accurate accounting records.  Depriving creditors of assets.  Not submitting tax returns

It is worth noting you can be banned from being a director for up to 15 years or even prosecuted if the liquidator finds your conduct was unfit. 

Can a director of a company resign from a company in liquidation?

Yes, you can resign as a director during a liquidation. However, you will still have to comply with the liquidator and fulfil your obligations. 

You can also be held personally liable for business debts if you have personally guaranteed any loans or lease agreements if your company is insolvent. 

Can I be a director of a company after liquidation?

Yes, you can be a director of a company after liquidation, provided there aren’t any cases of misfeasance (wrongdoing). There are however rules you would need to follow to ensure you comply with legislation. 

You aren’t allowed to use a similar business name as your previous company, which can lead to criminal action against a director. 

You should read section 216 of the Insolvency Act 1986, which highlights the restrictions on the re-use of company names. 

It is however possible to buy the previous company name. The Insolvency Practitioner can agree to see the name, supported by a court application. 

Conclusion: What happens to a director of a company in liquidation?

There are many factors to consider when analysing what happens to a director of a company in liquidation. Much is dependent on the conduct of the director throughout the running of the business and whether they have kept to their director responsibilities. 

For free confidential advice and support contact the business helpline on 0800 088 2142. We’ve helped thousands of directors just like you. 

Latest news

1

Stockley's finds its sweet spot Stockley's front view

Stockley's finds its sweet spot

15 Oct 2025

2

Breck to start £15m Blackpool affordable homes and retail development Cropper Road, Blackpool

Breck to start £15m Blackpool affordable homes and retail development

14 Oct 2025

3

New help for Blackpool businesses to access growth money John Fallon speaking at the meeting

New help for Blackpool businesses to access growth money

14 Oct 2025

4

Fuuse raises further £6m as it heads to profitability COO Nik Southworth, CEO Michael Gibson, CFO Sonia Davies.

Fuuse raises further £6m as it heads to profitability

13 Oct 2025

5

Preferred developer named for strategic site Barnfield named as preferred developer for site

Preferred developer named for strategic site

13 Oct 2025

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

Help to grow management course
Help to grow - barriers to growth.png.png
LBV Hub Seminars
26 Sep 2025 - 16 Dec 2025

Help to grow management course

Preston Campus , Preston , PR1 2HE

09:00 - 15:00

The Autumn Re set - pour me a wine
LBV Advert_Autumn Reset 1200 x 630px.png.png
LBV Hub Networking
16 Oct 2025 - 16 Oct 2025

The Autumn Re set - pour me a wine

The Artistry House , Preston , PR1 3JJ

17:30 - 19:30

The Business Network Central & East Lancashire
LBV Header (26).png.png
LBV Hub Networking
16 Oct 2025 - 16 Oct 2025

The Business Network Central & East Lancashire

Stanley House, Blackburn, BB2 7NP

11:30 - 14:15

October Freelancer Meet-Up
LBV Hub Networking
16 Oct 2025 - 16 Oct 2025

October Freelancer Meet-Up

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 11:30

Women scaling up Blackpool Fylde and Wyre
LBV Hub Seminars
22 Oct 2025 - 09 Jan 2026

Women scaling up Blackpool Fylde and Wyre

The Small Business Academy, Blackpool, FY4 5JX

09:30 - 15:30

HR Essentials for pubs, bars and licensed venues
EventBrite NORi - 22nd Oct Webinar.png.png
LBV Hub Webinar
22 Oct 2025 - 22 Oct 2025

HR Essentials for pubs, bars and licensed venues

Online - Teams, Leyland, PR253XH

13:30 - 15:00

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

Chamber Business Lunch – October
LBV Hub Networking
24 Oct 2025 - 24 Sep 2025

Chamber Business Lunch – October

Lancaster Golf Club, Lancaster, LA2 0AJ

11:00 - 13:30

North West Business Expo 2025
https---cdn.evbuc.com-images-880456273-4862066883-1-original.20241022-105445.jpeg.jpg
LBV Hub Exhibitions
24 Oct 2025 - 24 Oct 2025

North West Business Expo 2025

Bolton Stadium Hotel, Bolton, BL6 6SF

09:00 - 15:00

Lancaster District Business Support Expo
Lancs-cham-logo.jpg.jpg
LBV Hub Networking
29 Oct 2025 - 29 Oct 2025

Lancaster District Business Support Expo

The Platform, Morecambe, LA4 4DB

10:00 - 15:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin