The Companies (Northern Ireland) Order 1989

PART I MATTERS APPLICABLE IN ALL CASES

1.  Any misfeasance or breach of any fiduciary or other duty by the director in relation to the company.

2.  Any misapplication or retention by the director of, or any conduct by the director giving rise to an obligation to account for, any money or other property of the company.

3.  The extent of the director’s responsibility for the company entering into any transaction liable to be set aside under Articles 367 to 369 of the Insolvency Order (provisions against debt avoidance).

4.  The extent of the director’s responsibility for any failure by the company to comply with any of the following provisions of the Companies Order, namely—

(a) Article 229 (companies to keep accounting records);

(b) Article 230 (where and for how long records to be kept);

(c) Article 296 (register of directors and secretaries);

(d) Article 360 (obligation to keep and enter up register of members);

(e) Article 361 (location of register of members);

(f) Articles 371 and 372 (company’s duty to make annual return);

(g) Article 373 (time for completion of annual return); and

(h) Article 406 (company’s duty to register charges it creates).

5.  The extent of the director’s responsibility for any failure by the directors of the company to comply with Article 235 (directors' duty to prepare annual accounts) or Article 246 (signing of balance sheet and documents to be annexed) of the Companies Order.

6.  In the application of this Schedule to the directors of a building society, references to Articles of this Order or of the Companies Order other than Articles which apply to building societies or their directors in any event, whether by virtue of this Order or the Building Societies Act 1986(1), shall be construed as references to the corresponding provisions (if any) of the Building Societies Act 1986.

(1)

1986 c. 46