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Part VI Public Interest and Insolvency Proceedings, 31 Disqualification Proceedings

Robert Amey

From: Company Directors: Duties, Liabilities, and Remedies (4th Edition)

Edited By: Mark Arnold KC, Simon Mortimore KC

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 23 July 2024

Subject(s):
Approved person — Conduct of business regulation — Regulated persons — Breach of statutory duty

This chapter focuses on disqualification proceedings under the Company Directors Disqualification Act 1986 (CDDA). The Greene Committee, Jenkins Committee and Cork Committee provided recommendations to address the dissatisfaction surrounding the disqualification law and proceedings. According to the CDDA provisions, disqualification is mandatory in the cases of unfit directors of insolvent or dissolved companies and companies in breach of competition law. Moreover, Undischarged bankrupts remain disqualified from taking part in or directly or indirectly being concerned in the promotion, formation, or management of a company. Meanwhile, Disqualified persons may apply to the court for permission to take part in the affairs of a company.

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