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The Companies (Northern Ireland) Order 1989

Status:

This is the original version (as it was originally made).

  1. Introductory Text

  2. PART I INTRODUCTORY

    1. 1.Title and commencement

    2. 2.Interpretation

  3. PART II COMPANY DIRECTORS DISQUALIFICATION

    1. 3.Interpretation of Part II

    2. Preliminary

      1. 4.Disqualification orders: general

    3. Disqualification for general misconduct inconnection with companies

      1. 5.Disqualification on conviction of offence punishable only on indictment or either on conviction on indictment or on summary conviction

      2. 6.Disqualification for persistent default under companies legislation

      3. 7.Disqualification for fraud, etc., in winding up

      4. 8.Disqualification on summary conviction of offence

    4. Disqualification for unfitness

      1. 9.Duty of High Court to disqualify unfit directors of insolvent companies

      2. 10.Applications to High Court under Article 9; reporting provisions

      3. 11.Disqualification after investigation of company

      4. 12.Matters for determining unfitness of directors

    5. Other cases of disqualification

      1. 13.Participation in wrongful trading

      2. 14.Undischarged bankrupts

      3. 15.Failure to pay under administration order

      4. 16.Other disqualified persons

    6. Consequences of contravention

      1. 17.Offences

      2. 18.Personal liability for company’s debts where person acts while disqualified

    7. Supplementary provisions

      1. 19.Application for disqualification order

      2. 20.Application for leave under an order

      3. 21.Register of disqualification orders

      4. 22.Special savings from repealed statutory provisions

    8. Miscellaneous and general

      1. 23.Admissibility in evidence of statements

      2. 24.Interaction with the Insolvency Order

      3. 25.Transitional provisions, savings, amendments and repeals

  4. PART III AMENDMENTS OF THE COMPANIES ORDER AND THEINSIDER DEALING ORDER

    1. 26.Takeover offers

    2. 27.“Deal in securities”: contracts for differences

    3. 28.Information obtained in official capacity: public bodies, etc.

    4. 29.Market makers, off-market dealers, etc.

    5. 30.Price stabilisation

    6. 31.Investigations into insider dealing

    7. 32.Restrictions on disclosure of information

    8. 33.False and misleading statements

    9. 34.Powers of entry

    10. 35.Offences

    11. 36.Amendments

    12. 37.Repeals

  5. Signature

  6. SCHEDULES

    1. SCHEDULE 1

      MATTERS FOR DETERMINING UNFITNESS OF DIRECTORS

      1. PART I MATTERS APPLICABLE IN ALL CASES

        1. 1.Any misfeasance or breach of any fiduciary or other duty...

        2. 2.Any misapplication or retention by the director of, or any...

        3. 3.The extent of the director’s responsibility for the company entering...

        4. 4.The extent of the director’s responsibility for any failure by...

        5. 5.The extent of the director’s responsibility for any failure by...

        6. 6.In the application of this Schedule to the directors of...

      2. PART II MATTERS APPLICABLE WHERE COMPANY HAS BECOME INSOLVENT

        1. 7.The extent of the director’s responsibility for the causes of...

        2. 8.The extent of the director’s responsibility for any failure by...

        3. 9.The extent of the director’s responsibility for the company entering...

        4. 10.The extent of the director’s responsibility for any failure by...

        5. 11.Any failure by the director to comply with any obligation...

    2. SCHEDULE 2

      SAVINGS FROM COMPANIES (NORTHERN IRELAND) ORDER 1982 ARTICLES 93 AND 94

      1. 1.Articles 5 and 7(1)(b) do not apply in relation to...

      2. 2.Subject to paragraph 1— (a) Article 5 applies in a...

      3. 3.Subject to paragraph 1, Article 7 applies in relation to...

      4. 4.The powers of a court under Article 8 are not...

      5. 5.For the purposes of Article 6(1) and Article 8, no...

      6. 6.Where— (a) an application is made for a disqualification order...

      7. 7.An application shall not be made under Article 11 in...

    3. SCHEDULE 3

      TRANSITIONAL PROVISIONS AND SAVINGS

      1. 1.In this Schedule, “the commencement date” for the purpose of...

      2. 2.Where any period of time specified in any provision repealed...

      3. 3.The provisions of this Schedule shall have effect without prejudice...

    4. SCHEDULE 4

      AMENDMENTS

      1. PART I AMENDMENTS CONSEQUENTIAL ON PART II

        1. The Insolvency Act 1986 (c. 45)

          1. 1.In section 426(10)(c) (co-operation between courts exercising jurisdiction in relation...

        2. The Companies (Northern Ireland) Order 1986 (NI 6)

          1. 2.In Article 2A (relationship of this Order to Insolvency Order)—...

          2. 3.In Article 434(1) (inspector’s report to be evidence) at the...

          3. 4.After Article 442(1)(a) (provision for security of information obtained) insert—...

        3. The Banking Act 1987 (c. 22)

          1. 5.In section 85(1)(e) (permitted disclosure of information) after “1986” insert...

      2. PART II MISCELLANEOUS MINOR AMENDMENTS TO THE COMPANIES (NORTHERN IRELAND) ORDER 1986 AND AMENDMENTS CONSEQUENTIAL ON PART III

        1. The Companies (Northern Ireland) Order 1986 (NI 6)

          1. 6.In Article 9(1) (definition of “director”) for “named” substitute “name”....

          2. 7.In Article 388(4)(h) (registration, etc., of resolutions and agreements) for...

          3. 8.In Article 436(1) (provisions applicable on investigation under Article 435)...

          4. 9.After Article 442(3)(c) (provision for security of information obtained) insert—...

          5. 10.In Article 445(2) (privileged information) after “legal” insert “professional”.

          6. 11.In Schedule 21 (provisions applying to unregistered companies)—

        2. The Banking Act 1987 (c. 22)

          1. 12.In the Table in section 84(1) (disclosure of information to...

          2. 13.In section 87(3)(a) (disclosure of information obtained under the Companies...

    5. SCHEDULE 5

      REPEALS

      1. PART I REPEALS CONSEQUENTIAL ON PART II

      2. PART II REPEALS CONSEQUENTIAL ON PART III

  7. Explanatory Note

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