Companies Act 1985

297 Disqualification for persistent default under Companies Acts

(1) The court may make a disqualification order against a person where it appears to it that he has been persistently in default in relation to provisions of this Act or the Consequential Provisions Act requiring any return, account or other document to be filed with, delivered or sent, or notice of any matter to be given, to the registrar of companies.

(2) On an application to the court for an order to be made under this section, the fact that a person has been persistently in default in relation to such provisions as are mentioned above may (without prejudice to its proof in any other manner) be conclusively proved by showing that in the 5 years ending with the date of the application he has been adjudged guilty (whether or not on the same occasion) of three or more defaults in relation to those provisions.

(3) A person is treated under subsection (2) as being adjudged guilty of a default in relation to any such provision if—

(a) he is convicted (whether on indictment or summarily) of an offence consisting in a contravention of or failure to comply with that provision (whether on his own part or on the part of any company), or

(b) a default order is made against him, that is to say an order under—

(i) section 244 (order requiring delivery of company accounts), or

(ii) section 499 (enforcement of receiver's or manager's duty to make returns), or

(iii) section 636 (corresponding provision for liquidator in winding-up), or

(iv) section 713 (enforcement of company's duty to make returns),

in respect of any such contravention of or failure to comply with that provision (whether on his own part or on the part of any company).

(4) In this section " the court" means any court having jurisdiction to wind up any of the companies in relation to which the offence or other default has been or is alleged to have been committed.