COMPANIES ACT 1963 - SECT 184 Power of court to restrain certain persons from acting as directors of or managing companies.
184.—(1) Where a person is convicted on indictment of any offence in connection with the promotion, formation or management of a company or any offence involving fraud or dishonesty whether in connection with a company or not, the court by which he is convicted may on the application of the Attorney General at the close of the trial, order that that person shall not, without the leave of the High Court, be a director of or in any way, whether directly or indirectly, be concerned or take part in the management of any company for such period as may be specified in the order.
(2) Where in the course of winding up a company it appears that a person—
( a ) has been guilty of any offence for which he is liable (whether he has been convicted or not) under section 297; or
( b ) has otherwise been guilty, while an officer of the company, of any fraud in relation to the company or of any breach of his duty to the company;
the court may make an order that that person shall not, without the leave of the court, be a director of or in any way, whether directly or indirectly, be concerned or take part in the management of any company for such period as may be specified in the order.
(3) An application for the making of an order under subsection (2) may be made on behalf of the liquidator of the company or by any person who is or has been a member or creditor of the company, and on the hearing of any application for an order under this section by the liquidator or of any application for leave under this section by a person against whom an order has been made on the application of the liquidator, the liquidator shall appear and call the attention of the court to any matters which seem to him to be relevant and may himself give evidence or call witnesses.
(4) An order may be made under paragraph (b) of subsection (2) notwithstanding that the person concerned may be criminally liable in respect of the matters on the ground of which the order is to be made, and for the purposes of the said paragraph (b) "officer" shall include any person in accordance with whose directions or instructions the directors of the company have been accustomed to act.
(5) If any person acts in contravention of an order made under this section, he shall, in respect of each offence, be liable on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine not exceeding £500 or to both or on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding £100 or to both.
Ireland - Company Formations & Company Documents
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