Companies Act 2014 section 843

Provisions relating to particular grounds for disqualification

Section 843 sets out specific rules and defences that apply to particular grounds on which a court may make a disqualification order against a person under section 842.

• Persistent default in filing or compliance obligations can be conclusively proved by showing three or more defaults within the five years before the application
• A default is established either by a criminal conviction for breaching the relevant requirement or by the making of a default order against the person
• A director of a struck-off company can avoid disqualification by showing the company had no liabilities when struck off, or that any liabilities were discharged before the disqualification application was made
• Where a person has been disqualified under the law of another state, the court may impose an additional Irish disqualification order, with the new period beginning after the existing foreign disqualification expires