COMPANIES ACT (NORTHERN IRELAND) 1960 - SECT 179 Power to restrain fraudulent persons from managing companies.

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COMPANIES ACT (NORTHERN IRELAND) 1960 - SECT 179

Power to restrain fraudulent persons from managing companies.

179.(1) Where

(a)a person is convicted on indictment of any offence in connection with the
promotion, formation or management of a company; or

(b)in the course of winding up a company it appears that a person

(i)has been guilty of any offence for which he is liable (whether he has been
convicted or not) under section two hundred and ninety-eight; or

(ii)has otherwise been guilty, while an officer of the company, of any fraud
in relation to the company or of any breach of his duty to the company;

(2) In sub-section (1) "the court", in relation to the making of an order
against any person by virtue of paragraph (a) thereof, includes the court
before which he is convicted, as well as the High Court, and in relation to
the granting of leave means the High Court.

(3) A person intending to apply for the making of an order under this section
by the court having jurisdiction to wind up a company shall give not less than
ten days' notice of his intention to the person against whom the order is
sought, and on the hearing of the application the last-mentioned person may
appear and himself give evidence or call witnesses.

(4) An application for the making of an order under this section by the court
having jurisdiction to wind up a company may be made by the liquidator of
the company [or the Official Assignee] or by any person who is or has been a
member or creditor of the company; and on the hearing of any application for
an order under this section by the liquidator [or the Official Assignee], or
of any application for leave under this section by a person against whom an
order has been made on the application of the liquidator, [or
the Official Assignee], the liquidator [or the Official Assignee] shall appear
and call the attention of the court to any matters which seem to him to be
relevant, and may himself give evidence or call witnesses.

(5) An order may be made by virtue of sub-paragraph (ii) of paragraph (b) of
sub-section (1) notwithstanding that the person concerned may be criminally
liable in respect of the matters on the ground of which the order is to be
made, and for the purposes of the said sub-paragraph (ii) "officer" shall
include any person in accordance with whose directions or instructions the
directors of the company have been accustomed to act.

(6) If any person acts in contravention of an order made under this section,
he shall, in respect of each offence, be liable on conviction on indictment to
imprisonment for a term not exceeding two years, or on summary conviction to
imprisonment for a term not exceeding six months or to a fine not exceeding
five hundred pounds or to both.

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Northern Irish Legislation

COMPANIES ACT (NORTHERN IRELAND) 1960 - SECT 179