Companies Act 2014 section 857

Period of disqualification following conviction of offence under this Chapter

Section 857 sets out the default duration of a deemed disqualification order that arises when a person is convicted of breaching an existing disqualification order or restriction, and explains how the court may vary that period.

  • A person convicted under section 855(1) or section 856(1) is automatically deemed subject to a disqualification order
  • The default period of that deemed disqualification is five years, starting from the date of conviction
  • Either the prosecutor or the defendant may apply to the court to have the disqualification period adjusted
  • The court may shorten or extend the five-year period having regard to the circumstances of the case

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