Disqualification for unfitness

C1C2C37F9Disqualification orders under section 6: applications and acceptance of undertakings

1

If it appears to the Secretary of State that it is expedient in the public interest that a disqualification order under section 6 should be made against any person, an application for the making of such an order against that person may be made—

a

by the Secretary of State, or

b

if the Secretary of State so directs in the case of a person who is or has been a director of a company which is being F1or has been wound up by the court in England and Wales, by the official receiver.

2

Except with the leave of the court, an application for the making under that section of a disqualification order against any person shall not be made after the end of the period of F33 years beginning with F10—

a

in a case where the person is or has been a director of a company which has become insolvent, the day on which the company became insolvent, or

b

in a case where the person has been a director of a company which has been dissolved without becoming insolvent, the day on which the company was dissolved.

F22A

If it appears to the Secretary of State that the conditions mentioned in section 6(1) are satisfied as respects any person who has offered to give him a disqualification undertaking, he may accept the undertaking if it appears to him that it is expedient in the public interest that he should do so (instead of applying, or proceeding with an application, for a disqualification order).

F83

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4

The Secretary of State or the official receiver may require F5any person —

a

to furnish him with such information with respect to F6that person's or another person's conduct as a director of a company which has at any time become insolvent F11or been dissolved without becoming insolvent (whether while the person was a director or subsequently), and

b

to produce and permit inspection of such books, papers and other records F7as are considered by the Secretary of State or (as the case may be) the official receiver to be relevant to that person's or another person's conduct as such a director,

as the Secretary of State or the official receiver may reasonably require for the purpose of determining whether to exercise, or of exercising, any function of his under this section.

F45

Subsections (1A) and (2) of section 6 apply for the purposes of this section as they apply for the purposes of that section.