Can a director with an IVA run a limited company?

Yes, you can be a company director if you have an IVA. One of the main reasons a company director may consolidate their debt issues by using an IVA compared to bankruptcy is that they are still allowed to act as a company officer.

Facing financial challenges due to a history of bad credit can be a daunting experience. However, an Individual Voluntary Arrangement offers a ray of hope for those seeking to resolve their debt issues.

By diligently adhering to the terms of an Individual Voluntary Arrangement, one can gradually regain financial stability and rebuild their creditworthiness.

As the journey towards financial recovery progresses, the aspiration to start one’s own limited company and become a director becomes increasingly feasible.

With determination, discipline, and a commitment to responsible financial management, individuals can turn their past financial setbacks into valuable lessons, setting the stage for a successful entrepreneurial venture and a brighter financial future.

Understanding IVAs and how this can affect your ability to run a limited company

Understanding Individual Voluntary Arrangements is crucial for individuals, particularly those with financial difficulties, as it can significantly impact their ability to run a limited company. An IVA is a formal and legally binding agreement between an individual and their creditors, designed to help manage and eventually clear outstanding debts.

While an IVA offers relief from unmanageable debt burdens, it’s important to note that individuals entering into an IVA may face restrictions when it comes to acting as a director of a limited company. Bankruptcy, for example, typically disqualifies individuals from holding such positions.

Therefore, anyone considering an IVA should carefully evaluate how this decision may affect their professional roles, ensuring that they make an informed choice that aligns with their financial goals and obligations.

How does an IVA affect directors of company

An Individual Voluntary Arrangement (IVA) can have significant implications for individuals serving as directors of a limited company.

Here are some key considerations:

  1. Legal Restrictions:
    • In most cases, entering into an IVA doesn’t automatically disqualify an individual from being a company director.
    • However, certain professions, such as financial services, may have specific regulations that could impact directorship eligibility for those with an IVA.
  2. Impact on Credit Rating:
    • An IVA will negatively affect the director’s personal credit rating.
    • This could potentially hinder the company’s ability to secure credit or loans, as the director’s financial history may be taken into account.
    • The company may face challenges when seeking external financing for its operations.
  3. Opening a Bank Account:
    • Directors with IVAs may encounter difficulties in opening and maintaining a business bank account.
    • Banks might be cautious about extending financial services to individuals with such arrangements.
  4. Ethical and Commercial Considerations:
    • Stakeholders, including shareholders and business partners, may scrutinize a director’s financial affairs.
    • Ethical and commercial considerations may lead to concerns about the impact of personal debt troubles on the company’s reputation and stability.
  5. Director’s Duties:
    • Directors are legally obligated to act in the best interests of the company, which includes managing its finances prudently.
    • If personal financial issues, such as an IVA, lead to conflicts of interest or hinder the ability to fulfill these duties, it may raise concerns among the company’s stakeholders.

While an IVA doesn’t automatically disqualify someone from being a company director, it has legal, financial, and ethical implications that directors should carefully consider in light of their specific circumstances and industry regulations.

Read more: Can you start a business if you are in an IVA

Frequently asked questions

Can I be a director if I currently have an IVA in place?

Yes, having an IVA does not necessarily disqualify you from being a director. However, certain restrictions may apply depending on your specific circumstances. It is advisable to seek professional advice before taking on any directorial responsibilities, particularly if you have an IVA in place.

Will having an IVA affect my ability to obtain credit as a director?

Yes, having an IVA can negatively impact your credit rating, which may make it more challenging to obtain credit as a director. However, the extent to which your credit rating is affected will depend on a range of factors, including the size and length of your IVA, and your credit history prior to entering into the arrangement.

Can entering into an IVA impact my ability to act as a director in the future?

Yes, entering into an IVA may raise concerns about your financial management skills and ability to act as a director in certain circumstances. If you have been declared bankrupt or disqualified from acting as a director in the past, you may face additional restrictions or limitations. It is important to seek professional advice before taking on any directorial responsibilities if you have previously entered into an IVA or have a history of financial difficulty.

Conclusion

An Individual Voluntary Arrangement (IVA) can have an impact on an individual’s ability to become a company director. While having an IVA in place does not automatically disqualify an individual from becoming a director, it may make it more challenging to secure certain positions. In particular, some companies may be reluctant to appoint individuals with a history of financial difficulty to key roles such as directorships.

Additionally, the Insolvency Service may have concerns about an individual’s suitability to act as a director if they have previously entered into an IVA or have a poor credit history. As a result, individuals with an IVA may need to work harder to demonstrate their suitability for directorial roles, and may need to seek professional advice to navigate any potential obstacles.

Insolvency & Restructuring Expert at Business Insolvency Helpline | + posts

With over three decades of experience in the business and turnaround sector, Steve Jones is one of the founders of Business Insolvency Helpline. With specialist knowledge of Insolvency, Liquidations, Administration, Pre-packs, CVA, MVL, Restructuring Advice and Company investment.