https://www.kingsleynapley.co.uk/insights/blogs/regulatory-blog/directors-liabilitiesKohanaPHPFiona Simpson and Sophie Masshttps://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/can-a-de-facto-director-be-disqualified-as-a-directorFri, 04 Dec 2020 00:00:00 +0000It is well known that directors owe duties to the company of which they are a director and, in certain circumstances, its shareholders, creditors and employees. Many people believe that if you have not been formally appointed as a director, i.e. you do not appear on Companies House records as a director, you will not owe the usual directors’ duties and, therefore, cannot be in breach of such duties or subject to sanctions for breach.https://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/can-a-de-facto-director-be-disqualified-as-a-directorJulie Mathesonhttps://www.kingsleynapley.co.uk/insights/blogs/regulatory-blog/is-the-frc-considering-whether-sarbanes-oxley-should-cross-the-watersWed, 18 Dec 2019 00:00:00 +0000The general election is now over, and Parliament has more time to deal with matters other than Brexit. The spotlight has therefore returned to corporate governance, with The Sunday Times reporting that the FRC is developing a “British version of Sarbanes-Oxley”. It reported that this would “heap more responsibility on to directors, asking them to vouch regularly for the integrity of their financial controls and – if passed into law in the UK – opening the possibility of criminal proceedings against chief executives and finance directors for reporting misleading statements to the market.”https://www.kingsleynapley.co.uk/insights/blogs/regulatory-blog/is-the-frc-considering-whether-sarbanes-oxley-should-cross-the-watersJonathan Grimeshttps://www.kingsleynapley.co.uk/insights/blogs/directors-and-officers/a-change-of-direction-in-director-disqualification-for-breaches-of-competition-lawWed, 11 Dec 2019 00:00:00 +0000The recent practice of regulators – and the potential for future developments – means that company directors need to be increasingly aware of the risks associated with competition law compliance.https://www.kingsleynapley.co.uk/insights/blogs/directors-and-officers/a-change-of-direction-in-director-disqualification-for-breaches-of-competition-lawLuke Gregoryhttps://www.kingsleynapley.co.uk/insights/blogs/directors-and-officers/no-man-is-an-island-but-being-a-sole-director-might-come-closeWed, 27 Nov 2019 00:00:00 +0000Up to now you’ve been operating as a sole trader. Your business is growing, your contracts are becoming more lucrative, and you want to limit your potential personal liability. You decide it’s time to incorporate a company and join the other 4 million private limited companies on the UK Company Register.https://www.kingsleynapley.co.uk/insights/blogs/directors-and-officers/no-man-is-an-island-but-being-a-sole-director-might-come-closeJulie Matheson and Adrian Crawfordhttps://www.kingsleynapley.co.uk/insights/blogs/regulatory-blog/the-role-of-a-financial-director-a-life-in-the-spotlightFri, 15 Nov 2019 00:00:00 +0000BBC news alerts on our phones seem to be constant these days.  There is of course the small issue of Brexit which is keeping journalists occupied.  However, the state of the economy also features heavily in the news: large corporate collapses have dominated the headlines in recent times.https://www.kingsleynapley.co.uk/insights/blogs/regulatory-blog/the-role-of-a-financial-director-a-life-in-the-spotlightRichard Fosshttps://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/unfair-prejudice-petitions-can-a-directors-breach-of-duty-bar-their-claimMon, 30 Sep 2019 00:00:00 +0100Treating a director who is a minority shareholder fairly in both their involvement in the management of a company and in any offers to acquire their shares is of paramount importance to defeating an unfair prejudice petition.https://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/unfair-prejudice-petitions-can-a-directors-breach-of-duty-bar-their-claimMelinka Berridgehttps://www.kingsleynapley.co.uk/insights/blogs/regulatory-blog/identity-fraud-company-directors-at-double-the-risk-of-other-individualsThu, 25 Apr 2019 00:00:00 +0100Company directors increasingly have to deal with personal identity theft on top of already substantial compliance requirements to meet their directors’ duties.  The risk of identity theft is even greater for those company directors based in London than in other areas of the United Kingdom.https://www.kingsleynapley.co.uk/insights/blogs/regulatory-blog/identity-fraud-company-directors-at-double-the-risk-of-other-individualsEmily Carterhttps://www.kingsleynapley.co.uk/insights/blogs/data-protection-blog/data-protection-a-new-board-room-priorityMon, 05 Mar 2018 00:00:00 +0000Emily Carter considers the impact and implications of new data protection regime for company directors.  https://www.kingsleynapley.co.uk/insights/blogs/data-protection-blog/data-protection-a-new-board-room-priorityJulie Mathesonhttps://www.kingsleynapley.co.uk/insights/blogs/regulatory-blog/directorships-in-the-financial-or-insurance-sector-a-career-pinnacle-or-poisoned-chaliceFri, 16 Feb 2018 00:00:00 +0000In the not too distant past, a directorship in a bank, insurance company or financial services firm was seen as a lucrative and career-defining role.  Many directors built a career out of having a portfolio of Board appointments, which involved a significant degree of responsibility to the organisation, but, in many circumstances, little personal regulatory oversight. https://www.kingsleynapley.co.uk/insights/blogs/regulatory-blog/directorships-in-the-financial-or-insurance-sector-a-career-pinnacle-or-poisoned-chaliceHannah Ealeshttps://www.kingsleynapley.co.uk/insights/blogs/regulatory-blog/fire-safety-is-a-company-director-also-a-responsible-personMon, 05 Feb 2018 00:00:00 +0000Fire Safety is just one of the many issues with which management must concern themselves.  However, unlike a lot of other safety concerns, fire has the potential for large scale and devastating consequences.  https://www.kingsleynapley.co.uk/insights/blogs/regulatory-blog/fire-safety-is-a-company-director-also-a-responsible-personMelinka Berridgehttps://www.kingsleynapley.co.uk/insights/blogs/regulatory-blog/health-and-safety-prosecutions-of-directors-on-the-riseFri, 26 Jan 2018 00:00:00 +0000Many professionals harbour a dream of one day being promoted to director level within their organisation, but not all of them appreciate what responsibilities they are taking on when stepping into that role. Whilst every business is different, they all face similar litigation and regulatory challenges. Challenges that we predict are likely to become more rather than less onerous in the years to come. https://www.kingsleynapley.co.uk/insights/blogs/regulatory-blog/health-and-safety-prosecutions-of-directors-on-the-rise