Companies Act 2014 section 841

Default under section 23 or 150(2) by director disqualified under law of another state

Section 841 deals with the consequences for a person who has been disqualified as a director or secretary in another country and who fails to properly disclose that disqualification when being appointed as a director of an Irish company.

  • A person disqualified as a director or secretary in another country must disclose this when being appointed as a first director or when notified as a new director of an Irish company.
  • If they fail to disclose the foreign disqualification, or if the disclosure statement they provide is false or misleading in a material respect, they will be deemed disqualified under Irish law.
  • The deemed disqualification runs from the date the relevant documents are delivered to the Registrar and lasts for the remainder of the foreign disqualification period β€” or, if disqualified in more than one country, the longest remaining period.
  • The section applies regardless of whether the foreign disqualification arose from a court order, a tribunal decision, or any other mechanism under the law of the other state.

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