Companies Act 2014
Prohibition of undischarged bankrupt being director or secretary or otherwise involved in company
132. (1) F61[Subject to subsection (1A), if] any person being an undischarged bankrupt—
(a) acts as a director or secretary of a company; or
(b) directly or indirectly takes part or is concerned in the promotion, formation or management of a company,
the person shall (unless he or she does so with the leave of the court) be guilty of a category 2 offence.
F61[(1A) The court shall not grant leave referred to in subsection (1) unless the Authority is given at least 14 days’ notice of the making of the application for leave, and the Authority shall be entitled to appear and be heard at the hearing of such an application.]
(2) Where a person is convicted of an offence under subsection (1) the person shall be deemed to be subject to a disqualification order from the date of such conviction for such period as the court specifies if he or she was not, or was not deemed to be, subject to such an order on that date.
(3) In this section “disqualification order” has the same meaning as it has in Chapter 4 of Part 14.
Annotations
Amendments:
F61
Substituted (3.12.2024) by Companies (Corporate Governance, Enforcement and Regulatory Provisions) Act 2024 (44/2024), s. 10(a), S.I. No. 639 of 2024.
F62
Inserted (3.12.2024) by Companies (Corporate Governance, Enforcement and Regulatory Provisions) Act 2024 (44/2024), s. 10(b), S.I. No. 639 of 2024.