239. Disqualification order or undertaking; and reporting provisions
Past version: effective from 14/06/2015 - 13/06/2015
To view other versions open the versions tab on the right
(1) A disqualification order under section 243 (participation in wrongful trading) shall not be made after the end of the period of 2 years beginning with the day on which the company of which that person is or has been a director became insolvent.
(2) If it appears to the Registrar that the conditions mentioned in section234(1) (disqualification undertakings: general) are satisfied as respects any person who has offered to give a disqualification undertaking, it may accept the undertaking if it appears to the Registrar that it is expedient in the public interest that it should do so (instead of making a disqualification order).
(3) If it appears to the office-holder responsible under this section, that is to say—
(a) in the case of a company which is being wound up, the liquidator or provisional liquidator,
(b) in the case of a company which is in administration, the administrator, or
(c) in the case of a company of which there is an administrative receiver, that receiver,
that the conditions mentioned in section 238(1) (duty of Registrar to disqualify unfit directors of insolvent companies) are satisfied as respects a person who is or has been a director of that company, the office-holder shall forthwith report the matter to the Registrar.
(4) The Registrar may require the liquidator, provisional liquidator, administrator or administrative receiver of a company, or the former liquidator, provisional liquidator, administrator or administrative receiver of a company—
(a) to furnish him with such information with respect to any person's conduct as a director of the company, and
(b) to produce and permit inspection of such books, papers and other records relevant to that person's conduct as such a director,
as the Registrar may reasonably require for the purpose of determining whether to exercise, or of exercising, any of its functions under this section.