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Words: | Submitted: Tue Jun 20 2006
... the 1986 statute the court is obliged to make a disqualification order where it is: 'satisfied -- (a) that [a person] is or has been a director of a company which has at any time become insolvent (whether while he was a director or subsequently). and (b) that his conduct as a director of that company (either taken alone or taken together with his conduct as a director of any other company or companies) make him unfit to be concerned in the management of a company'. In determining this question the court is directed (by s9 and Sched 1) to have regard to a number of matters, including breach of duty owed by a director to the company, a director's part in the misapplication of assets, failure to keep proper records, file annual returns and prepare annual accounts and reports. So far as the insolvency of the company is concerned, ...
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