Discover what a director questionnaire is, why the Insolvency Service sends a director questionnaire, and how directors should respond to the director questionnaire as part of the Insolvency Service’s investigation into director disqualification.
Unfit conduct is at the centre of the Insolvency Service’s investigations into Director Disqualifications in Great Britain under Company Directors Disqualification Act (CDDA) 1986. The Insolvency Service is now seeking to identify misconduct of directors from wider sources and appealing to the general public. As a result, we are seeking an uptick in director disqualification questionnaire enquires.
Understanding why a director has received a questionnaire is important. Taking specialist legal advice from Weightmans, who are recognised leaders in defending director disqualification early on will help shape the outcome of any investigation.
What is the director’s questionnaire?
The Insolvency Service’s request to complete a director questionnaire for disqualification is made under section 7(4) of the Company Directors Disqualification Act 1986.
The director’s questionnaire is a director’s first opportunity to set out any issues, timeline, potential defence and mitigation that arose prior to the liquidation or administration, in addition to setting out the roles and responsibilities of each director.
The director questionnaire from the Insolvency Service is designed for the Insolvency Service to establish whether there are any misconduct claims against a director. In particular, the Insolvency Service will scrutinise all of your answers relating to:
- Your director role and duties owed to the company
- Monitoring the financial position of the company
- The responsibilities of other directors
- Events leading to the company’s insolvency and
- Whether creditors' interests were considered.
All answers in the questionnaire will be relied on as evidence by the Insolvency Service, including any investigations by a liquidator.
Why is the Insolvency Service contacting a director?
The appointed liquidator or administrator of an insolvent company prepares a confidential “D Report” concerning a former director’s conduct within three months of a company’s insolvency to submit to the Insolvency Service.
However, the Insolvency Service's investigations no longer stem from insolvency processes alone. Since 23 April 2026, the Insolvency Service is in partnership with Crimestoppers with the primary aim of encouraging members of the public to report banned directors still operating as a director and the misconduct of company directors.
The Insolvency Service’s new partnership with Crimestoppers will allow members of the public (for example, creditors or employees) to report any concerns about the suspected wrongdoing anonymously.
The Insolvency Service, on behalf of the Secretary of State for Business and Trade, will then investigate the conduct or unfit manner of the individuals (eg former directors, shadow directors, or directors who work with other directors who continue to act as a director whilst disqualified or bankrupt) who were in office during the last three years of the Company’s trading.
Director disqualification is a process lead by the Insolvency Service where a director can be disqualified either from becoming a director of a company and/or directly or indirectly involved/concerned or taking part in the formation, promotion or management of a company. We have the specialist and technical expertise in guiding directors in defending director disqualification claims of unfit conduct.
The Insolvency Service investigations
The Insolvency Service’s enquiries are not restricted to the area(s) set out the director questionnaire, as this may change depending on the Insolvency Service’s enquiries/director questionnaire with the director and other directors. As such, it may lead to other area(s) of investigation and evidence against them in later proceedings; inadvertently harming their position.
Areas of investigation by the Insolvency Service for disqualification can include the following misconduct:
- Misuse of BBL
- Adequacy of the company books and records
- A failure to submit tax returns or paying the tax due
- Continuing to trade to the detriment of creditors, including HMRC, whilst insolvent
- Continuing to trade to the detriment of customers for example y accepting customer payments without providing goods/services)
- Fraudulent behaviour
- Acting as a director whilst disqualified
- Acting as a director whilst bankrupt
- Unreasonable or excessive benefits
- A failure to prepare and file accounts or make returns to Companies House
- A failure to comply with regulatory requirements
The Insolvency Service will request a meeting to talk about the areas under investigation set out in the questionnaire. We regularly advise and guide directors through the entire director disqualification investigations process led by the Insolvency Service.
How do I respond to a director questionnaire?
Cooperating with the Insolvency Service is important, but both the timing of submission and answers to the director questionnaire are critical.
We have extensive experience in dealing with the initial director questionnaire and have a strong and consistent track record in defending director disqualification by the Insolvency Service and persuading the Insolvency Service to discontinue director disqualification claims after receipt of a completed director questionnaire.
For expert advice on responding to a director's questionnaire, contact our director disqualification solicitors.
