HomeFWJ TakeawayResourcesSection 2 of the Company Director Disqualification Act 1986

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Set out below in full is section 2 of the Company Director Disqualification Act 1986 setting out the general provisions relating to director disqualification on conviction of an indictable offence.

Disqualification on conviction of indictable offence.

  • the court may make a disqualification order against a person where he is convicted of an indictable offence (whether on indictment or summarily) in connection with the promotion, formation, management liquidation or striking off of a company with the receivership of a company’s property or with his being an administrative receiver of a company.
  • “the court” for this purpose means
    • any court having jurisdiction to wind up the company in relation to which the offence was committed, or
    • the court by or before which the person is convicted of the offence, or
    • in the case of a summary conviction in England and Wales, any other magistrates’ court acting in the same local justice area; and for the purposes of this section the definition of “indictable offence” in Schedule 1 to the Interpretation Act 1978 applies for Scotland as it does for England and Wales.
  • The maximum period of disqualification under this section is:
    • where the disqualification order is made by a court of summary jurisdiction, 5 years, and
    • in any other case, 15 years

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