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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 21 December 2009 - onwards
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40. Removal of Chief Executive Officer from office.

(1) The Chief Executive Officer ceases to hold that office if he or she -

(a) is adjudicated bankrupt,

(b) makes a composition or arrangement with creditors,

(c) is convicted of an indictable offence in relation to a company,

(d) is convicted of an offence involving fraud or dishonesty, or

(e) is disqualified or restricted from being a director of a company.

(2) The Minister may remove the Chief Executive Officer from office by reasonable notice in writing if -

(a) in the Minister's opinion, the Chief Executive Officer -

(i) is not adequately performing his or her functions, whether because of incapacity through illness or injury or otherwise,

(ii) has contravened section 30 or 31, or

(iii) has committed misconduct specified in the written notice,

(b) in the Minister's opinion, a material conflict of interest has arisen in relation to the Chief Executive Officer, or

(c) his or her removal appears to the Minister to be necessary or expedient for the effective performance by NAMA of its

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