Companies Act 2014 section 847

Court may grant relief to person subject to disqualification order

Section 847 sets out the procedure by which a person who has been disqualified from acting as a director or officer of a company may apply to the court for relief from that disqualification, and the notification requirements that must be followed.

• A disqualified person may apply to the court for relief, which the court may grant in whole or in part, with or without conditions, if it considers it just and equitable to do so.
• The application for relief must be served on the person who originally sought the disqualification order and on the Corporate Enforcement Authority (if different), with at least 14 days' written notice given in advance.
• Where the original applicant for the disqualification order was a liquidator, that liquidator must promptly notify all known creditors and contributories of the company that the disqualified person is seeking relief; failure to do so is a category 3 offence.
• At the hearing, the Corporate Enforcement Authority, the original applicant for the disqualification order, and any creditor or contributory of the company concerned may appear and give evidence.