Can you be a company secratery if you are a bankrupt?
This is a bit of a tricky answer since before your discharge, bankruptcy does not stop you acting as a company secretary.
However, be careful. Whether you are called 'company secretary' is not relevant. What matters is the nature of the duties you will be carrying out. In some circumstances, acting as a company secretary may also be regarded as acting in the management of a company.
Below are some of the other positions that you might find yourself restricted from either during or after bankruptcy. Please note that legislation changes and you should check the current legislation if you feel your position is included in the list below. You could also use our Bankruptcy Assistance Service as a way to find the answer for a current job situation.
An undischarged bankrupt is disqualified from an appointment as chairman of a land tribunal and an existing chairmanship may be revoked.
An individual subject to a Bankruptcy Restriction Order (BRO) is disqualified from acting as the trustee of a charity.
The Secretary of State may remove a member of the Coal authority if that member is made bankrupt or subject to a BRO.
A consumer credit licence held by an individual is terminated if that individual is the subject of a BRO.
An undischarged bankrupt is no longer disqualified from holding office, or continuing to hold office, as a school governor. Only those subject to a BRO will be disqualified from holding office as a school governor.
An undischarged bankrupt may not execute the instrument creating an enduring power of attorney. The bankruptcy of an individual acting as attorney would automatically revoke the power.
An undischarged bankrupt is disqualified from engaging in estate agency work of any sort otherwise than as an employee of another person. This disqualification also extends to those individuals subject to a BRO.
A traffic commissioner who has issued an operators; licence may revoke, suspend or curtail it where an individual to whom that licence has been issued is made bankrupt. The official receiver should notify the commissioners at the local Traffic Area Office immediately the bankruptcy order is made.
The relevant authority (either a local housing authority or a social services authority) may remove a director/trustee of a registered social landlord which is a registered charity where that director/trustee has been made bankrupt.
The Secretary of State may remove members of the Housing Corporation if they are adjudged bankrupt.
An individual who has been made bankrupt is disqualified from being appointed to or acting as a justice of the peace but only in those cases where the petition was presented on or before 1 April 2004. EA 2002 repeals this section so that an undischarged bankrupt will no longer be automatically disqualified from being a Justice of the Peace and the position of such an individual will be left to the discretion of the Lord Chancellor.
Where formerly a bankrupt was not eligible to seek appointment as, or to be a member of, an internal drainage board and an elected member made bankrupt had to vacate office, this is no longer true as the Enterprise Act 2002 (Disqualification from Office: General) Order 2004 has repealed the relevant part of the Land Drainage Act 1991.
Whilst formerly an undischarged bankrupt could not hold office in local government whilst bankrupt this has been amended by EA 2002 so that he is only disqualified from so acting if there is a BRO in force against him.
An undischarged bankrupt or discharged bankrupt subject to a BRO is disqualified from being a trustee of any trust scheme, unless the disqualification is waived, on application, by the Occupational Pensions Regulatory Authority.
A public service vehicle operators licence or road service licence is terminated if the individual holding that licence is made bankrupt.
The Secretary of State may remove a member of a regional development agency from that office if that person has been made bankrupt.
There is a restriction on the "right to buy" under section 121 of the Housing Act 1985, The right to buy cannot be exercised if the person, or one of the persons, to whom the right to buy belongs has a bankruptcy petition pending against him, has a receiving order in force against him, is an undischarged bankrupt or is discharged from bankruptcy but subject to a BRO.
Section 15 of the Solicitors Act 1974 provides that any current practising certificate held by a solicitor is immediately suspended on the making of a bankruptcy order. The Law Society, on application, may lift the suspension of a practising certificate. There is no such restriction placed on practising barristers although as a matter of courtesy the Bar Council wish to be informed of any order made against members.
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