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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 6 July 2022 - onwards
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819. Declaration by court restricting director of insolvent company in being appointed or acting as director etc.

(1) On the application of a person referred to in section 820(1) and subject to subsection (2), the court shall declare that a person who was a director of -

(a) an insolvent company,

(b) an insolvent company who failed to convene a general meeting of shareholders for the purpose of nominating a named liquidator,

(c) an insolvent company at such a general meeting who fails to table a notice to nominate such liquidator, or

(d) an insolvent company who has failed to provide the required notice to employees of the company in the winding up of the company,

shall not, for a period of 5 years, be appointed or act in any way, directly or indirectly, as a director or secretary of a company, or be concerned in or take part in the formation or promotion of a company, unless the company meets the requirements set out in subsection (3).

(2) The court shall make a declaration under subsection (1) unless it is satisfied that -

(a) the person concerned has acted honestly and responsibly in relation t

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