OpenLegislation

Paragraph 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 M1 (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 ”.

Annotations

Marginal citations

M1

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