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The Company Directors Disqualification (Northern Ireland) Order 2002

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This is the original version (as it was originally made).

Disqualification after investigation of company

This section has no associated Explanatory Memorandum

11.—(1) If it appears to the Department from investigative material that it is expedient in the public interest that a disqualification order should be made against a person who is, or has been, a director or shadow director of a company, the Department may apply to the High Court for such an order.

(2) “Investigative material” means—

(a)a report made by inspectors under—

(i)Article 430 of the Companies Order;

(ii)section 167, 168, 169 or 284 of the Financial Services and Markets Act 2000 (c. 8); or

(iii)where the company is an open-ended investment company (within the meaning of that Act) regulations made as a result of section 262(2)(k) of that Act or section 1(2)(k) of the Open-Ended Investment Companies Act (Northern Ireland) 2002; and

(b)information or documents obtained under—

(i)Article 440 or 441 of the Companies Order;

(ii)section 2 of the Criminal Justice Act 1987 (c. 38);

(iii)section 28 of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39);

(iv)section 83 of the Companies Act 1989 (c. 40); or

(v)section 165, 171, 172, 173 or 175 of the Financial Services and Markets Act 2000.

(3) Where it appears to the Department from such report, information or documents that, in the case of a person who has offered to give the Department a disqualification undertaking—

(a)the conduct of the person in relation to a company of which the person is or has been a director or shadow director makes him unfit to be concerned in the management of a company, and

(b)it is expedient in the public interest that the Department should accept the undertaking (instead of applying, or proceeding with an application, for a disqualification order),

the Department may accept the undertaking.

(4) The High Court may make a disqualification order against a person where, on an application under this Article, it is satisfied that his conduct in relation to the company makes him unfit to be concerned in the management of a company.

(5) The maximum period of disqualification under this Article is 15 years.

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