In the first instance, you will likely receive a letter from the Insolvency Service asking you to fill out a questionnaire to assist with their investigation into your conduct. This letter will generally set out the areas the Insolvency Service are investigating. We strongly recommend that you seek legal advice at this point so that you do not prejudice yourself throughout the investigation.

Any information and responses provided by you can be relied upon in relation to any subsequent proceedings. Thereafter (and subject to their findings from the investigation) the Insolvency Service may be minded to make a recommendation to the Secretary of State that disqualification proceedings be issued.

If they are minded to do so, the Insolvency Service will send you a further letter setting out the same and the justification behind their recommendation. This is known as a pre-section 16 letter. It is still open to you at this juncture to submit further representations if the allegations made against you are refuted and/or incorrect.

Thereafter (and subject to the Secretary of State considering that proceedings should be issued) you should receive a section 16 letter which confirms (if they are minded to do so) that the Secretary of State will issue disqualification proceedings against you. This letter will also set out the main allegations of misconduct that the Secretary of State will seek to rely upon. Please note that further allegations may be relied upon at a later stage.

It is extremely important to contact director disqualification solicitors as soon as possible if you have received a section 16 letter as court proceedings are likely to be issued against you imminently.