Companies Act 2014

842.

Court may make disqualification order

842. On the application of a person specified in section 844 or of its own motion, the court may make a disqualification order in respect of a person for such period as it sees fit if satisfied—

(a) that the person has been guilty, while a promoter, officer, statutory auditor, receiver, liquidator or examiner of a company, of any fraud in relation to the company, its members or creditors,

(b) that the person has been guilty, while a promoter, officer, statutory auditor, receiver, liquidator or examiner of a company, of any breach of his or her duty as such promoter, officer, auditor, receiver, liquidator or examiner,

(c) that a declaration has been granted under section 610 in respect of the person,

(d) that the conduct of the person as promoter, officer, statutory auditor, receiver, liquidator or examiner of a company makes him or her unfit to be concerned in the management of a company,

(e) that, as disclosed in a report of inspectors appointed by the court or the Director under this Act, the conduct of the person makes him or her unfit to be concerned in the management of a company,

(f) that the person has been persistently in default in relation to the relevant requirements,

(g) that the person has been guilty of 2 or more offences under section 286 ,

(h) that the person was a director of a company when a notice was sent to the company under section 727 and the company, following the taking of the other steps under Chapter 1 of Part 12 consequent on the sending of the notice, was struck off the register under section 733 , F234 [ ]

(i) that—

(i) the person is disqualified under the law of another state (whether pursuant to an order of a judge or a tribunal or otherwise) from being appointed or acting as a director or secretary of a body corporate or an undertaking, and

(ii) it would have been proper to make a disqualification order against the person otherwise under this section if his or her conduct or the circumstances otherwise affecting him or her that gave rise to the foreign disqualification had occurred or arisen F235 [ in the State, or ]

F236 [ (j) that the person has contravened section 4 or 5 of the Competition Act 2002 or Article 101 or 102 of the Treaty on the Functioning of the European Union. ]

Annotations:

Amendments:

F234

Deleted (9.06.2017) by Companies (Accounting) Act 2017 (9/2017), s. 94(a), S.I. No. 246 of 2017, art. 3, subject to transitional provision in art. 4.

F235

Substituted (9.06.2017) by Companies (Accounting) Act 2017 (9/2017), s. 94(b), S.I. No. 246 of 2017, art. 3, subject to transitional provision in art. 4.

F236

Inserted (9.06.2017) by Companies (Accounting) Act 2017 (9/2017), s. 94(c), S.I. No. 246 of 2017, art. 3, subject to transitional provision in art. 4.