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

Morecambe Business Improvement District given fresh five-year mandate David Waddington Chair L John Oneill Bid Manager R 1024x768

Morecambe Business Improvement District given fresh five-year mandate

14 Aug 2026

2

fulfilmentcrowd appoints Neil Midgley as director of operations Neil Midgley Director Of Operations

fulfilmentcrowd appoints Neil Midgley as director of operations

14 Aug 2026

3

Inheritance tax changes prompt planning review Stuart Maher

Inheritance tax changes prompt planning review

14 Aug 2026

4

Finding the right channel for growth Phil2026

Finding the right channel for growth

13 Aug 2026

5

Preston College secures £3.6m for major construction centre revamp Preston College

Preston College secures £3.6m for major construction centre revamp

13 Aug 2026

Blackburn College (July-Aug 26)
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
LBV130 September/October Magazine Networking Event
LBV130 Magazine Launch Social720No Text 17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2QS

08:30 - 10:30

Built Environment Conference 2026
BEC26 WW Logo720 24 Sep 2026

Built Environment Conference 2026

EG On The Move, Waterside Head Office, Blackburn, BB1 2FA

08:30 - 13:00

Sub36 Awards 2026
Sub36 WW Logo720 16 Oct 2026

Sub36 Awards 2026

Park Hall Hotel & Spa, Chorley, PR7 5LP

18:30 - 00:30

LBV131 November/December Magazine Networking Event
LBV131 Magazine Launch Social720No Text 19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

Lancashire Business Day 2026
LBD26 WW Logo720 27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

Sales For Non-Sales People Workshop - FREE
1. Horizontal-logo-Gradient-Icon-Yellow-Black-Transparent Background.png.png 14 Aug 2026 - 14 Aug 2026

Sales For Non-Sales People Workshop - FREE

The Wellsprings, Bolton, BL1 1SB

09:00 - 11:30

The AI Lab: E-commerce
Event 14.08.png.png 14 Aug 2026 - 14 Aug 2026

The AI Lab: E-commerce

Door4, Burnley Wharf, Manchester Road, Burnley, BB11 1JG

09:00 - 11:30

Finding, Getting and Keeping The Right People - FREE Workshop
Gemini_Generated_Image_iotoi2iotoi2ioto.png.png 20 Aug 2026 - 20 Aug 2026

Finding, Getting and Keeping The Right People - FREE Workshop

The Wellsprings, Bolton, BL1 1SB

09:00 - 11:30

U35 Networking
Logo.jpg.jpg 25 Aug 2026 - 25 Aug 2026

U35 Networking

The Royal Hotel & Bar, Lancaster, LA1 1YD

17:30 - 19:00

Build Your Business To Sell It - Even If You Aren't Planning To Sell - FREE Workshop
Gemini_Generated_Image_ysrasxysrasxysra.png.png 27 Aug 2026 - 27 Aug 2026

Build Your Business To Sell It - Even If You Aren't Planning To Sell - FREE Workshop

The Wellsprings, Bolton, BL1 1SB

09:00 - 11:30

Preston Freelancer Meet-Up: August
Freelancer Meet-Up Square August.png.png 27 Aug 2026 - 27 Aug 2026

Preston Freelancer Meet-Up: August

Society1, Preston, PR1 3LT

10:00 - 12:00

Mind Over Mountain: Brunch at Ivory Tower
mind-over-mountain-complete.jpg.jpg 11 Sep 2026

Mind Over Mountain: Brunch at Ivory Tower

Ivory Tower, Preston, PR1 2NL

12:30 - 16:30

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 LBV129 Online Graphic
Subscribe now

Weekly news bulletin