27 November 2015
High Court Dublin
Ms Justice Finlay-Geoghegan
Under Section 160(2)(h) of the Companies Act 1990 (as amended by section 42(b) of the Company Law Enforcement Act 2001), the Director may seek the disqualification of the directors of a company, which has been involuntarily struck off the Register of Companies pursuant to Section 12 of the Companies (Amendment) Act 1982.
Under Section 160(3A), directors may successfully defend such an application for disqualification by demonstrating to the High Court that the company had no liabilities at the time of involuntary strike-off or that any such liabilities were discharged before the date of the making of the disqualification application. Where it deems that a sanction is appropriate, the Court has discretion to either disqualify the director for such period as it deems fit or restrict him or her for a five year period.
On the 23rd of February 2009, two persons who were directors of one company at the time it was struck off the Companies Register were made the subject of a disqualification order for a period of five years. The Director of Corporate Enforcement also obtained an Order that each of the Respondents should make a contribution of €1,000 towards the Director’s costs.
The effect of this Order is that each of the two persons is disqualified from being appointed or acting as auditor, director or other officer, receiver, liquidator or examiner or being in any way whether directly or indirectly concerned or taking part in the promotion, formation or management of any company or society registered under the Industrial Provident Societies Acts 1893 to 1978 for a period of five years effective from the 23rd of February 2009.
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