Company Directors Disqualification Act 1986

Part I E+W+S 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 E+W+S 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 Part XVI of the Insolvency Act (provisions against debt avoidance).

[F1 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 Act 1985, namely—

(a) section 288 (register of directors and secretaries);

(b) section 352 (obligation to keep up and enter register of members);

(c) section 353 (location of register of members);

(d) section 363 (duty of company to make annual returns); and

(e) sections 399 and 415 (company's duty to register charges it creates).]

Textual Amendments

F1 Sch. 1 paras. 4, 4A substituted (6.4.2008) for Sch. 1 para. 4 by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 3(1), Sch. 1 para. 106(8)(a) (with arts. 6, 11, 12)

[F2 4A E+W+S The extent of the director's responsibility for any failure by the company to comply with any of the following provisions of the Companies Act 2006, namely—

(a) section 386 (companies to keep accounting records); and

(b) section 388 (where and for how long records to be kept).]

Textual Amendments

F2 Sch. 1 paras. 4, 4A substituted (6.4.2008) for Sch. 1 para. 4 by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 3(1), Sch. 1 para. 106(8)(a) (with arts. 6, 11, 12)

Modifications etc. (not altering text)

C1 Sch. 1 para. 4 substituted (1.10.2009) for Sch. 1 paras. 4, 4A by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 85(14)(b) (with art. 10)

[F3 5 E+W+S The extent of the director's responsibility for any failure by the directors of the company to comply with the following provisions of the Companies Act 2006—

(a) section 394 or 399 (duty to prepare annual accounts);

(b) section 414 or 450 (approval and signature of abbreviated accounts); or

(c) section 433 (name of signatory to be stated in published copy of accounts).]

Textual Amendments

F3 Sch. 1 para. 5 substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 3(1), Sch. 1 para. 106(8)(b) (with arts. 6, 11, 12)

[F4 5A In the application of this Part of this Schedule in relation to any person who is a director of an open-ended investment company, any reference to a provision of [F5 the Companies Act 1985 or the Companies Act 2006] is to be taken to be a reference to the corresponding provision of the Open-Ended Investment Companies Regulations 2001 or of any rules made under regulation 6 of those Regulations (Financial Services Authority rules).]

Textual Amendments

F4 Sch. 1 para. 5A substituted (1.12.2001) by S.I. 2001/1228, reg. 84, Sch. 7 Pt. I para. 9 (with reg. 1(2)(3)); S.I. 2001/3538, art. 2(1)

F5 Words in Sch. 1 para. 5A substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 3(1), Sch. 1 para. 106(8)(c) (with arts. 6, 11, 12)