Company Law Enforcement Act, 2001
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PART 4 | ||
Restrictions and Disqualifications | ||
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New section 183A of Act of 1963 — Examination as to solvency status. |
40.—The Act of 1963 is amended by the insertion of the following after section 183: | |
“183A.—(1) Where the Director has reason to believe that a director of a company is an undischarged bankrupt, the Director may require the director of the company to produce by a specified date a sworn statement of all relevant facts pertaining to the company director's financial position, both within the State and elsewhere, and, in particular, to any matter pertaining to bankruptcy as at a particular date. | ||
(2) The court may, on the application of the Director, require a director of a company who has made a statement under subsection (1) to appear before it and answer on oath any question pertaining to the content of the statement. | ||
(3) The court may, on the application of the Director, make a disqualification order (as defined in section 159 of the Companies Act, 1990 ) against a director of a company on the grounds that he is an undischarged bankrupt. | ||
(4) A director of a company who fails to comply with a requirement under subsection (1) shall be guilty of an offence.”. |