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Company Directors Disqualification Act 1986 (-)
Search lawindexpro for case law on this statute.
This document is for private study purposes only. It is likely not to reflect the law as it stands today. It may be incomplete, and some provisions are likely to have been repealed or amended, and new ones inserted.
8:-- Disqualification after investigation of company
(1) If it appears to the Secretary of State from a report made by inspectors under section 437 of the Companies Act ... that it is expedient in the public interest that a disqualification order should be made against any person who is or has been a director or shadow director of any company, he may apply to the court for such an order to be made against that person.
(2) The court may make a disqualification order against a person where, on an application under this section, it is satisfied that his conduct in relation to the company makes him unfit to be concerned in the management of a company.
(3) In this section "the court" means the High Court ...
(4) The maximum period of disqualification under this section is 15 years.
8A Variation etc of disqualification undertaking
(1) The court may, on the application of a person who is subject to a disqualification undertaking—
(a) reduce the period for which the undertaking is to be in force, or
(b) provide for it to cease to be in force.
(2) On the hearing of an application under subsection (1), the Secretary of State shall appear and call the attention of the court to any matters which seem to him to be relevant, and may himself give evidence or call witnesses.
. . .
(3) In this section "the court"—
(a) in the case of an undertaking given under section 9B means the High Court or (in Scotland) the Court of Session;
(b) in any other case has the same meaning as in section 7(2) or 8 (as the case may be).
15:--
(1) A person is personally responsible for all the relevant debts of a company if at any time-- (a) in contravention of a disqualification order or of section 11 of this Act he is involved in the management of the company, . . .
. . .
(4) For the purposes of this section, a person is involved in the management of a company if he is a director of the company or if he is concerned, whether directly or indirectly, or takes part, in the management of the company.
16
(1) A person intending to apply for the making of a disqualification order by the court having jurisdiction to wind up a company shall give not less than 10 days' notice of his intention to the person against whom the order is sought; and on the hearing of the application the last-mentioned person may appear and himself give evidence or call witnesses.
