(1)A person is personally responsible for all the relevant debts of a company if at any time—
(a)in contravention of a disqualification order or [F1disqualification undertaking or in contravention]of section 11 [F1or 12A]of this Act he is involved in the management of the company, or
(b)as a person who is involved in the management of the company, he acts or is willing to act on instructions given without the leave of the court by a person whom he knows at that time to be the subject of a disqualification order [F2or disqualification undertaking or a disqualification order under Part II of the M1Companies (Northern Ireland) Order 1989]or to be an undischarged bankrupt.
(2)Where a person is personally responsible under this section for the relevant debts of a company, he is jointly and severally liable in respect of those debts with the company and any other person who, whether under this section or otherwise, is so liable.
(3)For the purposes of this section the relevant debts of a company are—
(a)in relation to a person who is personally responsible under paragraph (a) of subsection (1), such debts and other liabilities of the company as are incurred at a time when that person was involved in the management of the company, and
(b)in relation to a person who is personally responsible under paragraph (b) of that subsection, such debts and other liabilities of the company as are incurred at a time when that person was acting or was willing to act on instructions given as mentioned in that paragraph.
(4)For the purposes of this section, a person is involved in the management of a company if he is a director of the company or if he is concerned, whether directly or indirectly, or takes part, in the management of the company.
(5)For the purposes of this section a person who, as a person involved in the management of a company, has at any time acted on instructions given without the leave of the court by a person whom he knew at that time to be the subject of a disqualification order [F3or disqualification undertaking or a disqualification order under Part II of the Companies (Northern Ireland) Order 1989]or to be an undischarged bankrupt is presumed, unless the contrary is shown, to have been willing at any time thereafter to act on any instructions given by that person.
Textual Amendments
F1Words in s. 15(1)(a) inserted (2.4.2001) by 2000 c. 39, s. 8, Sch. 4 Pt. I para. 10(2)(a); S.I. 2001/766, art. 2(1)(a) (subject to transitional provisions in art. 3)
F2Words in s. 15(1)(b) inserted (2.4.2001) by 2000 c. 39, s. 8, Sch. 4 Pt. I para. 10(2)(b); S.I. 2001/766, art. 2(1)(a) (subject to transitional provisions in art. 3)
F3Words in s. 15(5) inserted (2.4.2001) by 2000 c. 39, s. 8, Sch. 4 Pt. I para. 10(3); S.I. 2001/766, art. 2(1)(a) (subject to transitional provisions in art. 3)
Modifications etc. (not altering text)
C1S. 15 extended (with modifications) by S.I. 1986/2142, art. 6
C2S. 15 extended (with modifications) (1.7.1989) by S.I. 1989/638, regs. 20, 21
C3S. 15 applied (1.12.1994) by S.I. 1994/2421, art. 16, Sch. 8
Marginal Citations