Section 9B of the Company Director Disqualification Act 1986

Set out below in full is section 9B of the Company Director Disqualification Act 1986 setting out the general provisions relating to director disqualification competition undertakings.

Competition undertakings

1. This section applies if:

  • the OFT or a specified regulator thinks that in relation to any person an undertaking which is a company of which he is a director has committed or is committing a breach of competition law,
  • the OFT or the specified regulator thinks that the conduct of the person as a director makes him unfit to be concerned in the management of a company, and
  • the person offers to give the OFT or the specified regulator (as the case may be) a disqualification undertaking.

2. The OFT or the specified regulator (as the case may be) may accept a disqualification undertaking from the person instead of applying for or proceeding with an application for a disqualification order.

3.  A disqualification undertaking is an undertaking by a person that for the period specified in the undertaking he will not:

  • be a director of a company;
  • act as receiver of a company’s property;
  • in any way, whether directly or indirectly, be concerned or take part in the promotion, formation or management of a company;
  • act as an insolvency practitioner.

4. But a disqualification undertaking may provide that a prohibition falling within subsection (3)(a) to (c) does not apply if the person obtains the leave of the court.

5. The maximum period which may be specified in a disqualification undertaking is 15 years.

6. If a disqualification undertaking is accepted from a person who is already subject to a disqualification undertaking under this Act or to a disqualification order the periods specified in those undertakings or the undertaking and the order (as the case may be) run concurrently.

7. Subsections (4) to (8) of section 9A apply for the purposes of this section as they apply for the purposes of that section but in the application of subsection (5) of that section the reference to the court must be construed as a reference to the OFT or a specified regulator (as the case may be).

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