105 Persons instructing unfit director
Small Business, Enterprise and Employment Act 2015 (2015 c 26) | Legislation

105  Persons instructing unfit director

After section 8 of the Company Directors Disqualification Act 1986 insert—

“Persons instructing unfit directors

8ZA Order disqualifying person instructing unfit director of insolvent company

(1)     The court may make a disqualification order against a person (“P”) if, on an application under section 8ZB, it is satisfied—

(a)     either—

(i)     that a disqualification order under section 6 has been made against a person who is or has been a director (but not a shadow director) of a company, or

(ii)     that the Secretary of State has accepted a disqualification undertaking from such a person under section 7(2A), and

(b)     that P exercised the requisite amount of influence over the person.

That person is referred to in this section as “the main transgressor”.

(2)     For the purposes of this section, P exercised the requisite amount of influence over the main transgressor if any of the conduct—

(a)     for which the main transgressor is subject to the order made under section 6, or

(b)     in relation to which the undertaking was accepted from the main transgressor under section 7(2A),

was the result of the main transgressor acting in accordance with P's directions or instructions.

(3)

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