All sections · Part XVI: Disqualification Orders
265 Disqualification orders
(1) For the purposes of this section „administrator“, in relation to a company,
means —
(a) an administrator appointed under Sub-Part VII of Part XIII; or
(b) an administrator otherwise appointed by the Court pursuant to
a written law.
(2) A disqualification order is an order made by the Court prohibiting a
person from —
(a) being a director of any company or any company specified in the
order;
(b) participating in, or being in any way concerned in, directly or
indirectly, the management, formation or promotion of any
company or any company specified in the order;
(c) being an administrator of any company or any company specified
in the order;
(d) being a receiver of a cell of any protected cell company or any
protected cell company specified in the order;
(e) being a liquidator of any company or any company specified in
the order.
(3) The Court can make a disqualification order of its own motion or upon
an application made by —
(a) the Registrar;
(b) the Authority;
(c) the Minister; or
(d) any liquidator, administrator, member or creditor of any
company of which the person against whom a disqualification
order is sought is or has been a director or is participating or has
participated directly or indirectly in the management, formation
or promotion such company.
(4) A person intending to apply for an order under this section shall give not
less than 10 days written notice of such intention to each person against
whom the order is sought.
(5) An application for an order under this section shall be served on each
person against whom the order is sought.
(6) A disqualification order may, in the Court‘s absolute discretion, be
granted by consent.
(7) A disqualification order may contain such incidental and ancillary terms
and conditions as the Court thinks fit.
(8) The Court shall direct that a copy of the order be served upon the
Registrar.
(9) A disqualification order shall have effect for such period not exceeding 5
years as shall be specified therein.
(10) Where a disqualification order is made against a person already subject
to such an order, the periods specified in those orders shall run
concurrently unless the Court orders them to run consecutively.
means —
(a) an administrator appointed under Sub-Part VII of Part XIII; or
(b) an administrator otherwise appointed by the Court pursuant to
a written law.
(2) A disqualification order is an order made by the Court prohibiting a
person from —
(a) being a director of any company or any company specified in the
order;
(b) participating in, or being in any way concerned in, directly or
indirectly, the management, formation or promotion of any
company or any company specified in the order;
(c) being an administrator of any company or any company specified
in the order;
(d) being a receiver of a cell of any protected cell company or any
protected cell company specified in the order;
(e) being a liquidator of any company or any company specified in
the order.
(3) The Court can make a disqualification order of its own motion or upon
an application made by —
(a) the Registrar;
(b) the Authority;
(c) the Minister; or
(d) any liquidator, administrator, member or creditor of any
company of which the person against whom a disqualification
order is sought is or has been a director or is participating or has
participated directly or indirectly in the management, formation
or promotion such company.
(4) A person intending to apply for an order under this section shall give not
less than 10 days written notice of such intention to each person against
whom the order is sought.
(5) An application for an order under this section shall be served on each
person against whom the order is sought.
(6) A disqualification order may, in the Court‘s absolute discretion, be
granted by consent.
(7) A disqualification order may contain such incidental and ancillary terms
and conditions as the Court thinks fit.
(8) The Court shall direct that a copy of the order be served upon the
Registrar.
(9) A disqualification order shall have effect for such period not exceeding 5
years as shall be specified therein.
(10) Where a disqualification order is made against a person already subject
to such an order, the periods specified in those orders shall run
concurrently unless the Court orders them to run consecutively.