106 Determining unfitness and disqualifications: matters to be taken into account

Determining Unfitness

106  Determining unfitness and disqualifications: matters to be taken into account

(1)     The Company Directors Disqualification Act 1986 is amended as follows.

(2)     In section 6 (duty of court to disqualify unfit directors of insolvent companies)—

(a)     in subsection (1)(b), for “any other company or companies” substitute “one or more other companies or overseas companies”,

(b)     after subsection (1) insert—

“(1A)     In this section references to a person's conduct as a director of any company or overseas company include, where that company or overseas company has become insolvent, references to that person's conduct in relation to any matter connected with or arising out of the insolvency.”,

(c)     in subsection (2), omit the words from “and references” to the end, and

(d)     after subsection (2) insert—

“(2A)     For the purposes of this section, an overseas company becomes insolvent if the company enters into insolvency proceedings of any description (including interim proceedings) in any jurisdiction.”

(3)     In section 8 (disqualification where expedient in public interest)—

(a)     in subsection (2), after “the company” insert “(either taken alone or taken together with his conduct as a director or shadow director of one or more other companies or overseas companies)”,

(b)     in

Powered by Lexis+®

Popular documents