Disqualification for unfitness
C2C38 Disqualification after investigation of company. C1
F11
If it appears to the Secretary of State 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, he may apply to the court for such an order.
1A
“Investigative material” means—
F2a
a report made by inspectors under—
i
section 437 of the Companies Act 1985, or
ii
section 167, 168, 169 or 284 of the Financial Services and Markets Act 2000; and
b
information or documents obtained under—
ii
section 2 of the Criminal Justice Act 1987;
iii
section 28 of the Criminal Law (Consolidation)(Scotland) Act 1995;
iv
section 83 of the Companies Act 1989; or
v
section 165, 171, 172, 173 or 175 of the Financial Services and Markets Act 2000.
2
The court may make a disqualification order against a person where, on an application under this section, it is satisfied that his conduct in relation to the company makes him unfit to be concerned in the management of a company.
F62A
Where it appears to the Secretary of State from such report, information or documents that, in the case of a person who has offered to give him 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 he should accept the undertaking (instead of applying, or proceeding with an application, for a disqualification order),
he may accept the undertaking.
3
In this section “the court” means the High Court or, in Scotland, the Court of Session.
4
The maximum period of disqualification under this section is 15 years.