When is a Disqualification Order sought?

One of the bases upon which an Order will be made is if, under Section 6, he is regarded as “unfit.” There is no discretion in this instance. If the Court finds complaints alleged and proved, the Court must order a period of disqualification. There are specific instances of unfitness which are a useful guide. These include:-

  • Persistent default in reporting and filing documents;
  • Insolvent trading;
  • Setting up of phoenix companies where the commencement of trading by another company with a similar name as the first which has been wound up;
  • Demeanor of the Director;
  • Dishonesty/fraud/serious lack of probity.

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