F1Persons instructing unfit directors

Annotations:
Amendments (Textual)

Order disqualifying person instructing unfit director: other cases11D

1

The High Court may make a disqualification order against a person (“P”) if, on an application under this Article, it is satisfied—

a

either—

i

that a disqualification order under Article 11 has been made against a person who is or has been a director (but not a shadow director) of a company, or

ii

that the Department has accepted a disqualification undertaking from such a person under Article 11(3), and

b

that P exercised the requisite amount of influence over the person.

That person is referred to in this Article as “the main transgressor”.

2

The Department may make an application to the High Court for a disqualification order against P under this Article if it appears to the Department that it is expedient in the public interest for such an order to be made.

3

For the purposes of this Article, P exercised the requisite amount of influence over the main transgressor if any of the conduct—

a

for which the main transgressor is subject to the order made under Article 11, or

b

in relation to which the undertaking was accepted from the main transgressor under Article 11(3),

was the result of the main transgressor acting in accordance with P's directions or instructions.

4

But P does not exercise the requisite amount of influence over the main transgressor by reason only that the main transgressor acts on advice given by P in a professional capacity.

5

Under this Article the maximum period of disqualification is 15 years.