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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 22 February 2024 - onwards
Version 2 of 2

12C. Determining unfitness etc: matters to be taken into account

(1) This section applies where a court must determine -

(a) whether a person's conduct as a director of one or more companies or overseas companies makes the person unfit to be concerned in the management of a company;

(b) whether to exercise any discretion it has to make a disqualification order under any of sections 2 to 4, 5A, 8, 8ZG or 10;

(c) where the court has decided to make a disqualification order under any of those sections or is required to make an order under section 6 or 8ZF, what the period of disqualification should be.

(2) But this section does not apply where the court in question is one mentioned in section 2(2)(b) or (c).

(3) This section also applies where the Secretary of State must determine -

(a) whether a person's conduct as a director of one or more companies or overseas companies makes the person unfit to be concerned in the management of a company;