Companies Act 2014 section 840

Default under section 149(8) concerning fact of director's becoming disqualified under law of another state

Section 840 deals with the consequences that arise when a director who has been disqualified in another country fails to ensure that the Registrar of Companies is properly notified of that foreign disqualification.

• Where a director is disqualified under the law of another state, the company must notify the Registrar; if it fails to do so because the director did not provide the necessary information, or provided false or misleading information, the director is automatically deemed to be subject to a disqualification order in Ireland
• The deemed disqualification period begins either 14 days after the foreign disqualification took effect (where no notification was sent) or on the date a false or misleading statement was delivered to the Registrar
• The deemed disqualification lasts for the remainder of the foreign disqualification period, or, if the director is disqualified in more than one state, the longest remaining period applies
• The section also applies to directors who were appointed before section 150 commenced and who were disqualified abroad after their appointment but before that commencement, with a modified deadline of three months after commencement for the notification obligation

---