Disqualification for unfitness
Duty of High Court to disqualify unfit directors F6...C19
1
The High Court shall make a disqualification order against a person in any case where, on an application under this ArticleF7...—
F8a
the Court is satisfied—
i
that the person is or has been a director of a company which has at any time become insolvent (whether while the person was a director or subsequently), or
ii
that the person has been a director of a company which has at any time been dissolved without becoming insolvent (whether while the person was a director or subsequently), and
b
the Court is satisfied that the person’s conduct as a director of that company (either taken alone or taken together with the person’s conduct as a director of one or more other companies or overseas companies) makes the person unfit to be concerned in the management of a company.
F21A
In this Article references to a person's conduct as a director of any company or overseas company include, where that company or overseas company has become insolvent, references to that person's conduct in relation to any matter connected with or arising out of the insolvency.
C22
For the purposes of this Article F5..., a company becomes insolvent if—
a
the company goes into liquidation at a time when its assets are insufficient for the payment of its debts and other liabilities and the expenses of the winding up,
F1b
the company enters administration, or
c
an administrative receiver of the company is appointed;
F3...
F42A
For the purposes of this Article, an overseas company becomes insolvent if the company enters into insolvency proceedings of any description (including interim proceedings) in any jurisdiction.
2B
In this Article and Article 10, “director” includes a shadow director.
3
Under this Article the minimum period of disqualification is 2 years, and the maximum period is 15 years.