The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009

Company Directors Disqualification (Northern Ireland) Order 2002 (S.I. 2002/3150 (N.I. 4))

215.—(1) Schedule 1 (matters for determining unfitness of directors) is amended as follows.

(2) In paragraph 1 (breach of duty), at the end insert “, including in particular any breach by the director of a duty under Chapter 2 of Part 10 of the Companies Act 2006 (general duties of directors) owed to the company”.

(3) In paragraph 3, for “the Insolvency Order” substitute “the Insolvency (Northern Ireland) Order 1989”.

(4) For paragraph 4 substitute—

“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 2006—

• section 113 (register of members);

• section 114 (register to be kept available for inspection);

• section 162 (register of directors);

• section 165 (register of directors’ residential addresses);

• section 167 (duty to notify registrar of changes: directors);

• section 275 (register of secretaries);

• section 276 (duty to notify registrar of changes: secretaries);

• section 386 (duty to keep accounting records);

• section 388 (where and for how long accounting records to be kept);

• section 854 (duty to make annual returns);

• section 860 (duty to register charges).”.

(5) Omit paragraph 6(1) (application of Part 1 of Schedule to directors of open-ended investment companies) (but see Article 24E(3)).

(6) Omit paragraph 7 (application of Part 1 of Schedule to directors of building societies) (but see Article 24D(4)).

(7) In paragraphs 10 to 12, for “the Insolvency Order” substitute “the Insolvency (Northern Ireland) Order 1989”.

(1)

Paragraph 6 was substituted by S.R. (NI) 2004 No 335, Schedule 7, paragraph 8.