Companies Act 2014 section 858

Company may recover consideration

Section 858 allows a company to recover any payments or consideration it has given to a person who acted for the company while subject to a restriction or disqualification order.

• Applies where a restricted or disqualified person acts in a role or capacity they are prohibited from performing
• The company may recover any payment or consideration given for acts or services performed by that person while acting in breach of the restriction or disqualification
• Recovery extends to the consideration itself or an amount representing its value
• The company can pursue recovery as a simple contract debt through any court of competent jurisdiction

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