Section 5 of the Company Director Disqualification Act 1986

Set out below in full is section 5 of the Company Director Disqualification Act 1986 setting out the general provisions relating to director disqualification on summary conviction.

Disqualification on summary conviction

1. An offence counting for the purposes of this section is one of which a person is convicted (either on indictment or summarily) in consequence of a contravention of, or failure to comply with, any provision of the companies legislation requiring a return, account or other document to be filed with, delivered or sent, or notice of any matter to be given, to the registrar of companies (whether the contravention or failure is on the person’s own part or on the part of any company).

2. Where a person is convicted of a summary offence counting for those purposes, the court by which he is convicted (or, in England and Wales, any other magistrates’ court acting in the same local justice area) may make a disqualification order against him if the circumstances specified in the next subsection are present.

3. Those circumstances are that, during the 5 years ending with the date of the conviction, the person has had made against him, or has been convicted of, in total not less than 3 default orders and offences counting for the purposes of this section; and those offences may include that of which he is convicted as mentioned in subsection (2) and any other offence of which he is convicted on the same occasion.

4. For the purposes of this section—

  • the definition of “summary offence” in Schedule 1 to the Interpretation Act 1978 applies for Scotland as for England and Wales, and
  • “default order” means the same as in section 3(3)(b).

4a. In this section “the companies legislation” means the Companies Acts and Parts 1 to 7 of the Insolvency Act 1986 (company insolvency and winding up).

5. The maximum period of disqualification under this section is 5 years.

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Please contact one of our expert director disqualification lawyers now for your consultation. At Francis Wilks & Jones, we have all the experience needed to deal with any type of director disqualification problem.  Our knowledge of the Company Director Disqualification Act 1986 is second to none.

 

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