Companies Act 2014 section 844

Persons who may apply for disqualification order under section 842

Section 844 identifies which persons and bodies are entitled to apply to the court for a disqualification order under section 842, and confirms that the court may require any applicant to provide security for costs.

  • The Corporate Enforcement Authority may apply for disqualification on all grounds set out in section 842(a) to (i), while the Director of Public Prosecutions may apply on grounds (a) to (g), and the Registrar may apply on ground (f) only.
  • Any member, contributory, officer, employee, receiver, liquidator, examiner or creditor of a relevant company may apply for disqualification on grounds (a) to (d), where the person targeted currently holds, previously held, or is proposed to hold a role such as officer, statutory auditor, receiver, liquidator or examiner, or has been involved in the promotion, formation or management of the company.
  • The competent authority under the Competition Act 2002 may apply for disqualification on ground (j) of section 842.
  • The court has discretion to require any person making a disqualification application to provide security for some or all of the costs of that application β€” a requirement that now extends to all applicants, not just the limited categories covered under earlier legislation.

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