Article 9 Duty of High Court to disqualify unfit directors ...F8C1
Northern Ireland
The High Court shall make a disqualification order against a person in any case where, on an application under this ArticleF1...—
the Court is satisfied—
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
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
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.
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.
For the purposes of this Article F4..., a company becomes insolvent if—
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,
the company enters administration, or
an administrative receiver of the company is appointed;
F6...
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.
In this Article and Article 10, “director” includes a shadow director.
Under this Article the minimum period of disqualification is 2 years, and the maximum period is 15 years.
Annotations
Textual amendments
- F1
Words in art. 9(1) omitted (15.12.2021 for specified purposes, 15.2.2022 in so far as not already in force) by virtue of Rating (Coronavirus) and Directors Disqualification (Dissolved Companies) Act 2021 (c. 34), ss. 3(2)(b)(i), 4(4)(c)(5) (with s. 3(13))
- F2
Art. 9(1)(a)(b) substituted (15.12.2021 for specified purposes, 15.2.2022 in so far as not already in force) by Rating (Coronavirus) and Directors Disqualification (Dissolved Companies) Act 2021 (c. 34), ss. 3(2)(b)(ii), 4(4)(c)(5) (with s. 3(13))
- F3
Art. 9(1A) inserted (1.10.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 8 para. 3(2)(b); S.I. 2015/1689, reg. 2(h) (with Sch. paras. 5-8)
- F4
Words in art. 9(2) omitted (1.10.2015) by virtue of Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 8 para. 9(8); S.I. 2015/1689, reg. 2(h)
- F5
Art. 9(2)(b) substituted (27.3.2006) by Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)), arts. 1(3), 3(3), Sch. 2 para. 63; S.R. 2006/21, art. 2 (subject to S.R. 2006/22, arts. 2-7)
- F6
Words in art. 9(2) omitted (1.10.2015) by virtue of Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 8 para. 3(2)(c); S.I. 2015/1689, reg. 2(h) (with Sch. paras. 5-8)
- F7
Art. 9(2A)(2B) inserted (1.10.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 8 para. 3(2)(d); S.I. 2015/1689, reg. 2(h) (with Sch. paras. 5-8)
- F8
Words in art. 9 heading omitted (15.12.2021 for specified purposes, 15.2.2022 in so far as not already in force) by virtue of Rating (Coronavirus) and Directors Disqualification (Dissolved Companies) Act 2021 (c. 34), ss. 3(2)(a), 4(4)(c)(5) (with s. 3(13))
Modifications
- C1
Art. 9 applied by S.I. 1989/638, reg. 20(2) (as inserted (1.10.2009) by European Economic Interest Grouping (Amendment) Regulations 2009 (S.I. 2009/2399)), {reg. 21(4)} (with reg. 2))
- C2
Art. 9(2) applied (1.10.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 8 para. 4(3); S.I. 2015/1689, reg. 2(h)